Skip to main content

Full text of "Treaties and other international agreements of the United States of America, 1776-1949"

See other formats


Ewv^:*' '■■■■■■ ''-' , ■'"■ ■•' •• ■■"■i -*■*?■■■■'■■»:■: ■■-'•■■■■■ ■■: • ■;•■■%■.■•.;. 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/treatiesotherint07unit 



'•7 



TREATIES AND OTHER 
INTERNATIONAL AGREEMENTS 

OF THE 

UNITED STATES OF AMERICA 

1776-1949 

Compiled under the direction of 

Charles I. Bevans, LL.B; 

Assistant Legal Adviser, Department of State 



Volume 7 

DENMARK- 
FRANCE 



95975 



DEPARTMENT OF STATE PUBLICATION 8566 
Released June 1971 



For sale by the Superintendent of Documents, U.S. Government Printing Office 
Washington, D.C. 20402 - Price $1 1 



CONTENTS x 



April 25 and 26, 1826 
March 28, 1830 
April 11, 1857 
July 11, 1861 
July 19, 1862 
July 20, 1872 
February 26, 1886 
December 6, 1 888 

June 15, 1892 
October 2 and 28, 

1895 
January 6, 1902 
November 6, 1 905 
June 22 and 26, 1906 
March 19-June 12, 

1907 
May 18, 1908 
April 17, 1914 
August 4, 1916, and 

January 3, 1917 
May 22-December 6, 

1922 
May 29, 1924 
July 2 and September 29, 

1925 
February 3 and April 23, 

1928 
June 14, 1928 



Denmark Page 

Friendship, commerce, and navigation 1 

Claims 7 

Discontinuance of sound dues 1 1 

Friendship, commerce, and navigation 14 

West Indies colonization 1 6 

Naturalization 24 

Exemption of vessels from readmeasurement 27 

Claims: the case of Carlos Butterfield and 28 

Company 

Trademarks and trade labels 30 

Exemption of vessels from admeasurement 32 

Extradition 38 

Extradition 43 

Industrial designs and models 45 

Protection of trademarks in China 47 

Arbitration 5 1 

Advancement of peace 53 

Cession of Danish West Indies 56 

Double taxation : shipping profits 65 

Suppression of smuggling 72 

Waiver of visa fees for nonimmigrants 76 

Narcotic drugs 78 

Arbitration 80 



1 In order to provide a complete chronological list of agreements entered into by the 
United States during the years covered in this volume, the table of contents includes citations 
to several agreements which arc not printed in this compilation because they entered into 
force for the United States after 1949 and are therefore contained in the series entitled United 
Stales Treaties and Other International Agreements (UST). For a more detailed explanation of the 
scope of these volumes, see the preface to volume 1 and the foreword in volume 5. 



IV 



CONTENTS 



September 4 and 

October 27, 1928, and 
February 2, 1929 

January 16, 1932 

March 12 and 24, 1934 

March 14 and 24, 1934 

March 12 and 24, 1934 

May 6, 1936 

April 7 and 9, 1941 

December 16, 1944 

October 23 and 
December 5, 1945, 
and March 21, 1946 

May 4 and 

September 10, 1946 

September 26 and 
October 1, 1946 

June 9-July 8, 1947 

May 6, 1948 

June 29, 1948 

June 29, 1948 

November 4 and 18, 

1948 
July 27 and August 1, 

1949 

February 8, 1867 

June 4, 1891 
March 5 and 7, 1898 
April 28, 1902 
January 31, 1903 

March 3 1 and April 1 , 

1905 
February 8, 1907 

June 19, 1909 
June 12, 1924 
September 25, 1924 



Denmark — Continued Page 

Taxation: passenger automobiles 83 



Recognition of load-line certificates 88 

Air navigation 92 

Civil aviation: pilot licenses 99 

Certificates of airworthiness 1 02 

Extradition 105 

Defense of Greenland 107 

Air transport services 1 1 4 

Air transport services 1 1 9 



Special tariff position of Philippines 122 

Air service facilities: Kastrup Airport 125 

Waiver of visa fees for nonimmigrants 128 

Double taxation: taxes on income 131 

Economic cooperation 141 

Most-favored-nation treatment for areas under 1 54 

occupation or control 

Economic cooperation 157 

Exchange of publications 159 

Dominican Republic 

Amity, commerce, and navigation; extra- 162 

dition 

Commercial relations 174 

Arbitration of Ozama Bridge claim 183 

Arbitration of Sala claim 184 

Arbitration of San Domingo Improvement 189 

Company claim 

Collection and disbursement of customs 193 

revenues 

Collection and application of customs reve- 196 

nues 

Extradition 200 

Ratification of agreement of evacuation 206 

Most-favored-nation treatment in customs 216 

matters 



CONTENTS 



December 27, 1924 

September 24, 1940- 
March 31, 1941 

August 2, 1941 

August 6, 1941 

November 14, 1942 

December 9 and 10, 
1942 

January 25, 1943 

June 10, 1943 



June 19 and July 7, 1943 
October 14 and 19, 

1943 
December 17, 1943, and 

February 11, 1944 
October 13, 1945 
May 4 and October 7, 

1946 
July 19, 1949 



June 13, 1839 
June 15, 1849 

February 9, 1850 
February 5, 1853 
November 13, 1857 

November 25, 1862 
May 6, 1872 
June 28, 1872 
February 28, 1893 
January 7, 1909 
October 13, 1914 
June 12, 1936 

July 2 and 4, 1936 
August 6, 1938 
September 22, 1939 
December 12, 1940 
December 12, 1940 



Dominican Republic — Continued 

Collection and application of customs reve- 
nues 

Collection and application of customs reve- 
nues 

Lend-lease 

Lend-lease 

Commercial relations 

Exchange of publications 



Naval mission 

Purchase by United States of exportable 
surpluses of rice, corn, and peanut meal 
Health and sanitation program 
Workmen's compensation 



Purchase of food surpluses 

Cooperative education program 
Special tariff position of Philippines 

Air transport services 

Ecuador 

Peace, friendship, navigation, and commerce 
Claims : settlement of cases of brig Josephine 

and schooner Ranger 
Claims: settlement of case of brig Mortis 
Claims: settlement of case of brig Native 
Claims: the case of whaling ship George 

Howland 
Adjustment of claims 
Naturalization 
Extradition 

Arbitration of Santos claim 
Arbitration 

Advancement of peace 
Most-favored-nation treatment in customs 

matters 
Waiver of visa fees for nonimmigrants 
Reciprocal trade 
Extradition 
Naval mission 
Military aviation mission 



Page 
220 

224 

240 

243 
245 
248 

253 
259 

265 
268 

271 

281 
287 

289 



296 
308 

310 
312 
314 

316 
319 
321 
324 
328 
330 
333 

336 
338 
346 
349 
354 



CONTENTS 



April 30, 1941 
April 30, 1941 
January 24, 1942 
February 20, 1942 
February 24, 1942 
March 2, 1942 
April 6, 1942 
October 1, 1942 
October 20 and 29, 

1942 
September 13, 1943 

June 29, 1944 
December 23, 1944, and 

January 15, 1945 
January 22, 1945 
April 2 and 5, 1945 
June 7 and 11, 1946 

January 8, 1947 
June 21, 1947 
October 24 and 27, 

1947 
October 21 and 29, 

1947 
October 2 and 

November 14, 1947 
January 26, 

April 16, 1948, and 

May 14, 1948 
August 6 and 18, 1948 
August 16 and 21, 1948 

July 8-September 21, 

1948 
January 27 and 

February 4, 1949 
March 23 and May 1 7, 

1949 
July 26 and August 22, 

1949 
August 15 and 24, 1949 

June 30 and October 13, 
1949 



Ecuador — Continued Puge 

Naval mission 359 

Military aviation mission 361 

Defense base at Salinas 363 

Defense base at Salinas 366 

Health and sanitation program 368 

Reciprocal trade 372 

Lend-lease 375 

Defense base at Salinas 379 

Agricultural experiment station 381 

Detail of military officer to serve as technical 386 

director of Ecuadorean military college 

Military mission 391 

Health and sanitation program 398 

Cooperative education program 401 

Military service 405 
Military air transit rights (For text, see 3 408 

UST 536; TIAS 2411.) 

Air transport services 409 

Health and sanitation program 415 

Civil aviation mission 422 

Exchange of publications 427 

Cooperative education program 430 

Agricultural experiment station 434 

Health and sanitation program 443 
Cooperative education program (For text, 446 

see 2 UST 629; TIAS 2215.) 

Military mission 447 

Naval mission 450 

Military aviation mission 453 

Health and sanitation program 456 

Cooperative education program (For text, 459 

see 2 UST 629; TIAS 2215.) 

Civil aviation mission 460 



CONTENTS 



vn 



January 2, 1850 
May 23, 1870 
December 6, 1870 
May 12, 1873 
May 12, 1873 
December 19, 1901 
March 14, 1908 
December 21, 1908 
April 18, 1911 
January 28, 1919 
August 25-October 1, 

1925 
February 22, 1926, and 

September 5, 1930 
February 19, 1937 
March 27 and May 16, 

1941 
November 21 and 27, 

1941 
February 2, 1942 
January 30 and 

February 13, 1942 
May 4 and 5, 1942 
November 24 and 

December 2, 1942 
March 25, 1943 

May 21, 1943 

April 3 and May 14 

and 31, 1943 
September 24, 28, and 

29, 1943 
June 9, 1945 
August 19, 1947 
August 18 and 

September 23, 1948 
July 21 and 27, 1949 



El Salvador Page 

Amity, navigation, and commerce 462 

Extradition 474 

Amity, commerce, and consular privileges 478 

Extradition 495 

Amity, commerce, and consular privileges 497 

Arbitration of El Triunfo claim 499 

Naturalization 503 

Arbitration 505 

Extradition 507 

Facilitating the work of traveling salesmen 514 

Waiver of visa fees for nonimmigrants 51 7 

Friendship, commerce, and consular rights 521 

Reciprocal trade 536 

Detail of U.S. officer as director of military 545 

school and academy 

Exchange of publications 551 

Lend-lease 554 

Inter-American Highway 558 

Health and sanitation program 561 

Agricultural experiment station 565 

Detail of U.S. officer as director of military 571 

school and academy 

Detail of U.S. officer as director of military 574 

school and academy 

Military service 580 

Workmen's compensation and unemploy- 586 

ment insurance 

Cooperative education program 589 

Military aviation mission 595 

Health and sanitation program 601 

(For text, see 3 UST 2728; TIAS 2440.) 

Health and sanitation program 601 

(For text, see 3 UST 2731 ; TIAS 2441.) 

Estonia 



November 8, 1923 



Extradition 



hl)2 



via 



CONTENTS 



Estonia — Continued 



Page 



March 2, 1925 


Most-favored-nation treatment in customs 
matters 


608 


April 8 and July 28, 


Waiver of visa fees for nonimmigrants 


611 


1925 






October 28, 1925 


Debt funding 


613 


December 23, 1925 


Friendship, commerce, and consular rights 


620 


August 21 and 


Ship measurement certificates 


635 


November 30, 1926 






August 27, 1929 


Arbitration 


637 


August 27, 1929 


Conciliation 


639 


June 11, 1932 


Debt funding 


642 


October 10, 1934 


Extradition 


645 


December 6, 1938 


Exchange of publications 
Ethiopia 


647 


December 27, 1903 


Commerce 


658 


June 27, 1914 


Commerce 


660 


January 26, 1929 


Arbitration 


662 


January 26, 1929 


Conciliation 


665 


August 9, 1943 


Lend-lease 


668 


August 24 and 


Gift of Foreign Service establishment 


674 


November 28, 1944 






May 4 and July 4, 1946 


Special tariff position of Philippines 


676 


May 20, 1949 


Lend-lease settlement 
Fiji Islands 


678 


June 10, 1840 


Commerce, consular rights, shipping 


683 


October 23, 1855 


Claims 

Finland 


686 


May 1, 1923 


Debt funding 


688 


August 1, 1924 


Extradition 


695 


May 2, 1925 


Most-favored-nation treatment in customs 
matters 


701 


October 22-December 7, 


Waiver of visa fees for nonimmigrants 


705 


1925 






December 21, 1925 


Tonnage dues and other charges 


709 


June 7, 1928 


Arbitration 


711 


June 7, 1928 


Conciliation 


713 


May 23, 1932 


Debt funding 


716 


February 13, 1934 


Friendship, commerce, and consular rights 


718 


May 17, 1934 


Extradition 


734 



May 18, 1936 
December 28 and 30, 

1938 
January 27, 1939 

June 6, 1946, and 
January 7, 1947 
March 29, 1949 
November 1, 1949 



CONTENTS 

Finland — Continued 

Reciprocal trade 
Exchange of publications 



Air transport services 

Claims: U.S. obligations in requisitioning of 
Finnish vessels 

France 



IX 

Page 
736 

744 



Military obligations of persons having dual 747 

nationality 
Double taxation: shipping profits 749 



752 
761 



February 6, 1778 


Amity and commerce 


763 


February 6, 1778 


Alliance 


777 


February 6, 1778 


Right of accession of King of Spain to treaties 
between United States and France 


781 


July 16, 1782 


Finance 


783 


February 25, 1 783 


Finance 


788 


August 27 and 


Amity and commerce 


792 


September 3 and 9, 






1784 






November 14, 1788 


Functions and privileges of consular officers 


794 


September 30, 1800 


Friendship and commerce 


801 


April 30, 1803 


Cession of Louisiana 


812 


April 30, 1803 


Cession of Louisiana : financial arrangement 


816 


April 30, 1803 


Claims 


818 


June 24, 1822 


Navigation and commerce 


822 


July 4, 1831 


Claims and duties on wines and cotton 


826 


November 9, 1843 


Extradition 


830 


February 24, 1845 


Extradition 


833 


February 23, 1853 


Rights, privileges, and duties of consular 
officers 


834 


February 10, 1858 


Extradition 


840 


November 23, 1863 


Exportation of certain tobacco 


842 


April 16, 1869 


Trademarks 


846 


January 15, 1880 


Claims 


848 


July 19, 1882 


Claims 


853 


February 8, 1883 


Claims 


855 


May 28, 1898 


Commerce 


857 


August 20, 1902 


Commerce 


860 


March 15, 1904 


Relations in Tunis 


862 


October 3, 1905, and 


Protection of trademarks in China 


864 


January 22, 1906 







259-33?.— 71- 



CONTENTS 



January 28, 1908 
February 10, 1908 
January 6, 1909 
December 26 and 27, 

1911 
February 13, 1913 
September 15, 1914 
November 10, 1915 
November 13, 1915, and 

February 10, 1917 
January 3 and 14, 1918 
February 27, 1918 
September 3, 1918 
July 17, 1919 
July 13 and August 10 

and 29, 1919 
February 13, 1923 
February 13, 1923 
July 19, 1923 
November 2, 1923- 

April 4, 1924 
June 30, 1924 
May 24 and July 1 1 

and 12, 1924 
September 3 and 17, 

1924 

April 29, 1926 
June 1 1 and July 8, 

1927 
August 29, 1927 

November 2, 8, and 15, 

1927 
December 27, 1927, and 

January 30, 1928 
February 6 and March 

1 and 5, 1928 
January 15, 1929 
April 19 and May 8 

and 13, 1929 
April 27, 1932 
May 31, 1932 



France — Continued page 

Commerce 867 

Arbitration 870 

Extradition 872 

Protection of literary and artistic property 878 

in China 

Arbitration 881 

Advancement of peace 883 

Advancement of peace 886 

Tonnage duties on vessels 888 

Military penal jurisdiction 891 

Arbitration 894 

Military service 896 

Navigation and commerce 899 

Military penal jurisdiction 901 

Rights in the Cameroons 903 

Rights in Togoland 9 1 2 

Arbitration 922 

Rights in Syria and Lebanon 925 

Suppression of smuggling 938 

War memorials in military cemeteries 942 

Treatment of American citizens arrested in 945 
Syria (Weygand-Knabenshue Agree- 
ment) 

Debt funding 949 

Double taxation: shipping profits 955 

Acquisition of sites for American battle 958 

monuments 

Customs 962 

Narcotic drugs 966 

Arbitration 968 

Extradition 972 

Reduction of visa fees for nonimmigrants 974 

Double taxation 977 

Reciprocal trade 983 



CONTENTS 



XI 



June 10, 1932 
June 3 and 18, 1932 
February 23 and March 

4, 1933 
April 23, 1936 
May 6, 1936 
December 10 and 12, 

1936 
February 18, 1937 



January 12 and 14, 

1938 
August 26, 1938 
September 22 and 

October 7, 1938 
July 15, 1939 
July 15, 1939 
July 25, 1939 
February 26, 1941 

September 3, 1942 
September 25, 1943 
August 25, 1944 



September 4, 5, and 

19, 1944 
December 12 and 27, 

1944 
February 28, 1945 
April 6, 1945 
August 14, 1945 
November 8, 1 945 
December 28 and 29, 

1945 
January 28 and 

February 7, 1946 
March 27, 1946 
April 5 and 8, 1946 
May 28, 1946 
May 6 and 31, 1946 
June 18, 1946 



France — Continued Page 

Debt funding 987 

Reduction of visa fees for nonimmigrants 990 

Rights of Americans in relation to French 992 

rent laws 

Extradition 995 

Reciprocal trade 997 

Suppression of customs frauds 1014 

Customs privileges for educational, religious, 1017 
and philanthropic institutions in Syria 
and Lebanon 

Visa fees 1026 

Commercial samples and models 1029 

Commercial samples and models 1032 

Air navigation 1034 

Air transport services 1042 

Double taxation: taxes on income 1046 

Commercial exchanges in North Africa 1059 

(Murphy- Weygand Agreement) 

Lend-lease 1060 

Lend-lease: French North and West Africa 1063 

Civil administration and jurisdiction in liber- 1066 

ated French territory (For text, see 2 

UST 1714; TIAS2313.) 

Lend-lease 1067 

Commercial relations with Morocco, Algeria, 1070 

and Tunisia 

Lend-lease 1075 

Visas 1093 

Exchange of publications 1095 

Lend-lease 1 098 

Air transport services 1 102 

Purchase of natural rubber 1 106 

Air transport services 1 109 

Visas 1122 

Lend-lease settlement 1126 

Double taxation 1 166 

Air service facilities 1 1 72 



Xll 



CONTENTS 



July 18, 1946 

October 18, 1946 
August 7 and 

October 19, 1946 
November 20 and 

December 10, 1946 
March 11 and 13, 1947 



March 27, 1947 

April 4, 1947 

April 19, 1947 

May 8 and 17, 1947 
August 19-September 

16, 1947 
October 1, 1947 
October 25, 1947 

October 28, 1947 

October 30, 1947 
January 2, 1948 
February 16, 1948 
February 25, 1948 

February 27, 1948 
May 17, 1948 
June 28, 1948 

June 28, 1948 
September 16, 1948 

September 21 and 
October 8, 1948 
October 19, 1948 
October 22, 1948 
November 17 and 20, 

1948 
November 27, 1948 



France — Continued Page 

Allocation of proceeds of German assets 1 1 76 

received from Sweden 

Double taxation and fiscal assistance 1 178 

War memorials in military cemeteries 1191 

Visa fees 1193 

Repatriation and liberation of German 1195 

prisoners of war (For text, see 3 UST 

445; TIAS 2405.) 

Extension of time for fulfilling conditions and 1 1 96 

formalities of copyright laws 

Restoration of certain industrial property 1202 

rights affected by World War II 

Exports of coal from Western Zones of 1205 

Germany 

Air service facilities 1208 

Visa fees 1210 

War graves 1215 

Recruitment of voluntary labor for France 1219 

in United States Zone of Germany 

Restoration of certain industrial property 1222 

rights affected by World War II 

Reciprocal trade 1224 

Relief assistance 1227 

Facilities for United States Forces in France 1230 

Military obligations of certain persons having 1 242 

dual nationality 

Lend-lease settlement 1245 

Double taxation and fiscal assistance 1251 

Most-favored-nation treatment for areas 1254 

under occupation or control 

Economic cooperation 1257 

Distribution and exhibition in French Union 1271 

of American motion picture films 

Economic cooperation 1278 

Air service facilities in Indochina 1280 

Financing of educational exchange programs 1283 

Economic cooperation 1288 

Economic cooperation 1290 



CONTENTS 



Xlll 



November 27, 1948 

December 22, 1948 

December 23, 1948 
March 14, 1949 

March 14, 1949 
March 16 and 31, 1949 
June 20 and August 5, 
1949 



France — Continued Page 

Aerial mapping: Pacific area project (For 1293 

text, see 3 UST 491 ; TIAS 2407.) 

Military obligations of certain persons having 1294 

dual nationality 

Relief assistance 1296 

Lend-lease setdement: maritime claims and 1300 

litigation 

Lend-lease setdement : certain residual claims 1 304 

Visas 1311 

Visas : territory of the Saar 1313 



Denmark 



FRIENDSHIP, COMMERCE, AND NAVIGATION 

Convention signed at Washington April 26, 1826; exchange of notes at 

Washington April 25 and 26, 1826 
Senate advice and consent to ratification May 4, 1826 
Ratified by the President of the United States May 6, 1826 
Ratified by Denmark August 2, 1826 

Ratifications exchanged at Copenhagen August 10, 1826 
Entered into force August 10, 1826; operative from April 26, 1826 
Proclaimed by the President of the United States October 14, 1826 
Abrogated April 15, 1856 x 

Renewed, with exception of article 5, by convention of April 11, 1857 " 
Supplemented by additional articles of July 11, 1861 3 
Modified by agreement of May 4 and September 10, 1946 * 
Replaced, with exception of articles 8, 9, and 10, July 30, 1961, by 

treaty of October 1 , 1951 5 

8 Stat. 340; Treaty Series 65 6 

General Convention of Friendship, Commerce and Navigation, 
Between the United States and H. M. the King of Denmark 

The United States of America and His Majesty, the King of Denmark, 
being desirous to make firm and permanent the peace and friendship which 
happily prevail between the two nations, and to extend the commercial 
relations which subsist between their respective territories and people, have 
agreed to fix, in a manner clear and positive, the rules which shall in future 
be observed between the one and the other party, by means of a general con- 



1 Pursuant to notice of abrogation given by the United States Apr. 14, 1855. 

2 TS67, post, p. 11. 

3 TS 68, post, p. 14. 

4 TIAS 1572, post, p. 122. 

5 12UST908;TIAS4797. 

r > For a detailed study of this convention, see 3 Miller 239. 



2 DENMARK 

vention of friendship, commerce and navigation — With that object, the Presi- 
dent of the United States of America has conferred full powers on Henry Clay, 
their Secretary of State, and His Majesty, the King of Denmark, has conferred 
like powers on Peter Pedersen, His privy Counsellor of Legation, and Min- 
ister Resident near the said States, Knight of the Dannebrog, who, after 
having exchanged their said full powers, found to be in due and proper form, 
have agreed to the following Articles : 

Article 1 

The contracting parties, desiring to live in peace and harmony with all 
the other nations of the earth, by means of a policy frank and equally friendly 
with all, engage, mutually, not to grant any particular favour to other nations, 
in respect of commerce and navigation, which shall not immediately become 
common to the other party, who shall enjoy the same freely, if the concession 
were freely made, or on allowing the same compensation, if the concession 
were conditional. 

Article 2 

The contracting parties being likewise desirous of placing the commerce 
and navigation of their respective countries on the liberal basis of perfect 
equality and reciprocity, mutually agree that the Citizens and subjects of each 
may frequent all the coasts and countries of the other (with the exception 
hereafter provided for in the sixth Article ) and reside and trade there in all 
kinds of produce, manufactures and merchandize, and they shall enjoy all the 
rights, privileges and exemptions, in navigation and commerce, which native 
Citizens or subjects do or shall enjoy, submitting themselves to the laws, de- 
crees and usages there established, to which native Citizens or subjects are 
subjected. But it is understood that this Article does not include the coasting 
trade of either country, the regulation of which is reserved by the parties, 
respectively, according to their own separate laws. 

Article 3 

They likewise agree that whatever kind of produce, manufacture, or mer- 
chandise, of any foreign country, can be, from time to time, lawfully im- 
ported into the United States, in vessels belonging wholly to the Citizens 
thereof, may be also imported in vessels wholly belonging to the subjects of 
Denmark; and that no higher or other duties upon the tonnage of the vessel 
or her Cargo shall be levied and collected, whether the importation be made 
in vessels of the one country, or of the other. And, in like manner, that what- 
ever kind of produce, manufacture or merchandize, of any foreign country, 
can be, from time to time, lawfully imported into the dominions of the King 
of Denmark, in the vessels thereof, (with the exception hereafter mentioned in 
the sixth article) may be also imported in vessels of the United States, and 
that no higher or other duties, upon the tonnage of the vessel or her cargo 



FRIENDSHIP, COMMERCE, NAVIGATION— APRIL 25 AND 26, 1826 3 

shall be levied and collected, whether the importation be made in vessels 
of the one country, or of the other. And they further agree that whatever 
may be lawfully exported or re-exported, from the one country in its own 
vessels to any foreign country, may, in like manner, be exported, or re- 
exported, in the vessels of the other country. And the same bounties, duties 
and drawbacks shall be allowed and collected, whether such exportation, or 
re-exportation, be made in vessels of the United States or of Denmark. Nor 
shall higher or other charges of any kind be imposed, in the ports of one party, 
on vessels of the other, than are or shall be payable, in the same ports, by native 
vessels. 

Article 4 

No higher or other duties shall be imposed on the importation into the 
United States of any article, the produce or manufacture of the dominions 
of His Majesty, the King of Denmark, and no higher or other duties shall 
be imposed on the importation into the said Dominions of any article, the 
produce or manufacture of the United States, than are or shall be payable 
on the like articles, being the produce or manufacture of any other foreign 
country. Nor shall any higher or other duties or charges be imposed in either 
of the two countries, on the exportation of any articles to the United States, 
or to the dominions of His Majesty, the King of Denmark, respectively, 
than such as are or may be payable on the exportation of the like articles to 
any other foreign country. Nor shall any prohibition be imposed on the 
exportation or importation of any articles the produce or manufacture of the 
United States or of the dominions of His Majesty, the King of Denmark, 
to or from the territories of the United States, or to or from the said domin- 
ions, which shall not equally extend to all other nations. 

Article 5 

Neither the vessels of the United States nor their cargoes shall, when they 
pass the Sound or the Belts, pay higher or other duties than those which are 
or may be paid by the most favoured nation. 

Article 6 

The present Convention shall not apply to the Northern possessions of 
His Majesty, the King of Denmark, that is to say, Iceland, the Ferroe Islands, 
and Greenland ; nor to places situated beyond the Cape of Good Hope, the 
right to regulate the direct intercourse with which possessions and places, 
is reserved by the parties respectively. And it is further agreed that this 
Convention is not to extend to the direct trade between Denmark and the 
West India Colonies of His Danish Majesty, but in the intercourse with 
those Colonies, it is agreed that whatever can be lawfully imported into or 
exported from the said Colonies in vessels of one party from or to the ports 
of the United States, or from or to the ports of any other foreign country, 



4 DENMARK 

may, in like manner, and with the same duties and charges, applicable to 
vessel and cargo, be imported into or exported from the said Colonies, in 
vessels of the other party. 

Article 7 

The United States and His Danish Majesty mutually agree that no higher 
or other duties, charges or taxes of any kind shall be levied in the territories 
or dominions of either party, upon any personal property, money, or effects 
of their respective Citizens or subjects, on the removal of the same from their 
territories or dominions reciprocally, either upon the inheritance of such 
property, money, or effects, or otherwise than are or shall be payable in each 
State, upon the same, when removed by a Citizen or subject of such State, 
respectively. 

Article 8 

To make more effectual the protection which the United States and His 
Danish Majesty shall afford, in future, to the navigation and commerce of 
their respective Citizens and subjects, they agree mutually to receive and 
admit Consuls and Vice-Consuls in all the ports open to foreign commerce; 
who shall enjoy in them all the rights, privileges and immunities of the 
Consuls and Vice-Consuls of the most favoured nation, each contracting 
party, however, remaining at liberty to except those ports and places, in which 
the admission and residence of such Consuls may not seem convenient. 

Article 9 

In order that the Consuls and Vice-Consuls of the contracting parties may 
enjoy the rights, privileges and immunities which belong to them, by their 
public character, they shall, before entering on the exercise of their func- 
tions, exhibit their Commission or Patent in due form to the Government 
to which they are accredited; and, having obtained their Exequatur, which 
shall be granted gratis, they shall be held and considered as such by all the 
authorities, magistrates and inhabitants in the Consular District in which 
they reside. 

Article 10 

It is likewise agreed that the Consuls and persons attached to their neces- 
sary service, they not being natives of the country in which the Consul resides, 
shall be exempt from all public service, and also from all kind of taxes, 
imposts and contributions, except those which they shall be obliged to pay, 
on account of commerce, or their property, to which inhabitants, native and 
foreign, of the country in which such Consuls reside, are subject, being in 
every thing, besides, subject to the laws of the respective States. The Archives 
and papers of the Consulate shall be respected inviolably, and, under no 
pretext, whatever, shall any magistrate seize or in any way interfere with 
them. 



FRIENDSHIP, COMMERCE, NAVIGATION— APRIL 25 AND 26, 1826 5 

Article 1 1 

The present Convention shall be in force for ten years from the date 
hereof, and further until the end of one year after either of the contracting 
parties shall have given notice to the other of its intention to terminate the 
same, each of the contracting parties reserving to itself the right of giving 
such notice to the other at the end of the said term of ten years; and it is 
hereby agreed between them, that, on the expiration of one year after such 
notice shall have been received by either from the other party, this Conven- 
tion and all the provisions thereof shall altogether cease and determine. 

Article 12 

This Convention shall be approved and ratified by the President of the 
United States, by and with the advice and consent of the Senate thereof, 
and by His Majesty, the King of Denmark, and the ratifications shall be 
exchanged in the City of Copenhagen within eight months from the date of 
the signature hereof, or sooner if possible. 

In faith whereof We the Plenipotentiaries of the United States of America 
and of His Danish Majesty have signed and sealed these presents. 

Done, in triplicate, at the City of Washington on the twenty-sixth day of 
April, in the year of our Lord, one thousand eight hundred and twenty six, 
in the fiftieth year of the Independence of the United States of America. 

H. Clay [seal] 

Pr Pedersen [seal] 

Exchange of Notes 

The Secretary of State to the Danish Minister Resident 

The Chevalier Pedersen 

Minister Resident from Denmark 

The undersigned, Secretary of State of the United States, by the direction 
of the President thereof, has the honor to state to Mr Pedersen, Minister 
Resident of His Majesty the King of Denmark that it would have been 
satisfactory to the Government of the United States if Mv Pedersen had 
been charged with instructions, in the negotiation which has just terminated, 
to treat of the indemnities due to citizens of the United States in consequence 
of the seizure, detention and condemnation of their property in the ports of 
His Danish Majesty. But, as he has no instructions to that effect, the under- 
signed is directed at and before proceeding to the signature of the Treaty of 
Friendship, Commerce and Navigation, on which they have agreed, explicitly 
to declare that the omission to provide for those indemnities is not hereafter 
to be interpreted as a waiver or abandonment of them by the Government 



6 DENMARK 

of the United States, which, on the contrary, is firmly resolved to persevere 
in the pursuit of them until they shall be finally arranged upon principles 
of equity and justice. And to guard against any misconception of the fact 
of the silence of the treaty, in the above particular, or of the views of the 
American Government, the undersigned requests that Mr Pedersen will 
transmit this official declaration to the Government of Denmark. And he 
avails himself of this occasion to tender to Mr Pedersen assurances of his 
distinguished consideration. 



H. Clay 



Department of State, Washington, 
25, April 1826. 



The Danish Minister Resident to the Secretary of State 

The Honorable Henry Clay, 

Secretary of State of the United States. 

The undersigned Minister Resident of His Majesty the King of Denmark 
has the honor herewith to acknowledge having received Mr Clay's official 
Note of this day, declaratory of the advanced claims against Denmark, not 
being waived on the part of the United States, by the convention agreed upon 
and about to be signed, which Note he as requested, will transmit to his 
Government; and he avails himself of this occasion to renew to Mr Clay 
assurances of his distinguished Consideration. 

Pr Pedersen 

Washington, 26, April 1826. 



CLAIMS 

Convention signed at Copenhagen March 28, 1830 
Ratified by Denmark April 2, 1830 
Senate advice and consent to ratification May 29, 1830 
Ratified by the President of the United States June 2, 1830 
Ratifications exchanged at Washington June 5, 1830 
Entered into force June 5, 1830 

Proclaimed by the President of the United States June 5, 1830 
Expired March 28, 1833, upon submission of final report by Board of 
Commissioners 

8 Stat. 402 ; Treaty Series 66 » 

Convention Between the United States of America and His Majesty 
the King of Denmark Signed at Copenhagen the 28th of March 
1830 

The United States of America and His Majesty the King of Denmark, 
being equally desirous of terminating the discussions which have taken place 
between Them in respect to the claims and pretensions formed by the citizens 
of the United States and the subjects of Denmark, having for their object the 
seizure, detention, condemnation or confiscation of their vessels, cargoes or 
property whatsoever, within the territory or under the authority of the respec- 
tive Governments, — have named, for this purpose, and furnished with Their 
full powers; that is to say, the President of the United States of America, by 
and with the advice and consent of the Senate, Henry Wheaton, Charge 
d' Affaires of the said United States at the Court of His Majesty the King of 
Denmark, etc; and His Majesty the King of Denmark, the Sieur Ernest- 
Henry Count de Schimmelmann, Knight of the Order of the Elephant, 
Grand Cross of the Order of Dannebrog decorated with the silver Cross of 
the same Order, His Minister ( : intime : ) of State, Chief of His Department 
of foreign Affairs, etc., and the Sieur Paul-Christian de Stemann, Knight of 
the Order of the Elephant, Grand-Cross of the Order of Dannebrog, decor- 
ated with the silver Cross of the same Order, His Minister ( : intime : ) of 
State and of Justice, President of His Danish Chancery, etc; and the said 
Plenipotentiaries, after having exchanged their full powers, found in good 
and due form, have agreed upon and concluded the following Articles. 

1 For a detailed study of this convention, see 3 Miller 531. 



8 DENMARK 

Article I 

His Majesty the King of Denmark renounces the indemnities which might 
be claimed from the Government of the United States of America, for the 
subjects of Denmark, on account of the seizure, detention, condemnation or 
confiscation of their vessels, cargoes or property whatsoever, under the author- 
ity of the said Government ; and His Majesty engages moreover to pay to the 
said Government the sum of Six-Hundred and Fifty Thousand Spanish 
milled Dollars, on account of the citizens of the United States, who have 
preferred claims relating to the seizure, detention, condemnation or confisca- 
tion of their vessels, cargoes or property whatsoever, by the public and private 
armed ships, or by the tribunals of Denmark, or in the States subject to the 
Danish Sceptre. 

Article II 

The payment, of the above sum of Six-Hundred and Fifty Thousand 
Spanish milled Dollars, shall be made in the times and manner following: 

On the 31 March 1831 — Two-Hundred and Sixteen-Thousand-Six 
Hundred and Sixty-Six Dollars and two thirds of a Dollar 

On the 30 September 1831 — Two-Hundred and Sixteen-Thousand-Six 
Hundred-and Sixty-Six Dollars and two thirds of a Dollar. 

On the 30 September 1832 — Two-Hundred and Sixteen Thousand-Six 
Hundred and Sixty-Six Dollars and two thirds of a Dollar. 

To the second payment shall be added the interest for that and for the 
last payment, at four per centum per annum, to be computed from the first 
payment, on the 31 March 1831. 

To the third payment shall also be added the interest for that payment, 
at four per centum per annum, to be computed from the second payment on 
the 30 September 1831. 

The above sums, thus specified in Spanish milled Dollars, shall be paid in 
bills of exchange, at fifteen days sight, at Hamburg; for the payment of which 
the Danish Government shall be responsible. 

At the time when the first payment shall be made on the 31 March 1831, 
two obligations, corresponding to the two last payments to be effected, for the 
capital and the interest thereof, shall be issued by the Direction for the public 
debt and the sinking fund of Denmark, to the order of the Department of 
foreign Affairs of Denmark, and assigned to the Government of the United 
States. By the said obligations His Majesty the King of Denmark shall ac- 
knowledge Himself debtor for the sums not yet paid, to the Government of 
the United States of America, and the same shall be delivered to such person 
or persons, as may be authorized to receive the same by the said Government ; 
and when the said obligations are to be discharged according to the tenor 
thereof, by the Danish Government, the person or persons authorized by the 
Government of the United States to receive the stipulated payments, shall 



CLAIMS— MARCH 28, 1830 9 

deliver up the said obligations, with receipts, for the amount thereof, from 
the said Government. 

Article III 

To ascertain the full amount and validity of the claims mentioned in 
Article I, a Board of commissioners, consisting of three citizens of the United 
States, shall be appointed by the President, by and with the advice and con- 
sent of the Senate, who shall meet at Washington, and within the space of 
two years, from the time of their first meeting, shall receive examine and 
decide upon the amount and validity of all such claims, according to the 
merits of the several cases and to justice, equity and the law of nations. 

The commissioners shall take an oath or affirmation, to be entered in the 
journal of their proceedings, for the faithful and diligent discharge of their 
duties. 

In case of the death, sickness or necessary absence of any commissioner, 
his place may be supplied by the appointment of another commissioner, in 
the manner before mentioned, or, during the recess of the Senate, by the 
President of the United States. 

The commissioners shall be authorized to hear and examine, on oath, or 
affirmation, every question relating to such claims, and to receive all suitable, 
authentic testimony concerning the same. 

In order to facilitate the proceedings of this Board, His Majesty the King 
of Denmark engages, when thereunto required, to cause to be delivered to 
any person or persons, who shall be duly authorized, for that purpose, by 
the Government of the United States, in addition to the papers already 
delivered, all the acts, documents, ship's papers and prize proceedings, which 
may still remain in the Archives of the High-Court of Admiralty or the 
Prize Tribunals of Denmark, relating to the seizure, detention, condemnation 
or confiscation of the vessels, cargoes or property whatsoever belonging to 
the citizens of the United States of x\merica before the said tribunals. 

The commissioners shall award and cause to be distributed, among the 
several parties, whose claims shall be allowed by the Board, the sum men- 
tioned in Article I and II, in a rateable proportion to the amount of the 
respective claims thus allowed. 

Article IV 

In consideration of the renunciation and payments mentioned in Article I 
and II, on the part of His Majesty the King of Denmark, the Government of 
the United States declares Itself entirely satisfied, not only in what concerns 
the said Government, but also in what concerns the citizens of the said 
United States, on account of the claims hitherto preferred or which may 
hereafter be preferred relating to the seizure, detention, condemnation or 
confiscation of their vessels, cargoes or property whatsoever, which in the 
last maritime war of Denmark have taken place under the flag of Denmark, 






10 DENMARK 

or in the States subject to the Danish Scepter; and the said claims shall con- 
sequently be regarded as definitively and irrevocably terminated. 

Article V 

The intention of the two High Contracting Parties being solely to termi- 
nate definitively and irrevocably all the claims, which have hitherto been 
preferred, They expressly declare, that the present Convention is only applica- 
ble to the cases therein mentioned, and having no other object, can never 
hereafter be invoked, by one party or the other, as a precedent or rule for the 
future. 

Article VI 

The present Convention shall be duly ratified by the High Contracting 
Parties, and the Ratifications shall be exchanged at Washington, in the space 
of ten months, or sooner if possible. 

In faith thereof, and in virtue of our respective full powers, we have signed 
the present Convention, and have thereunto set the Seals of our Arms. 
Done at Copenhagen, this 28 th day of March 1830. 

Henry Wheaton [seal] 

E. H. Schimmelmann [seal] 

Stemann [seal] 



DISCONTINUANCE OF SOUND DUES 

Convention signed at Washington April 11, 1857 

Ratified by Denmark October 15, 1857 

Senate advice and consent to ratification January 5, 1858 

Ratified by the President of the United States January 7, 1858 

Ratifications exchanged at Washington January 12, 1858 

Entered into force January 12, 1858 

Proclaimed by the President of the United States January 13, 1858 

11 Stat. 719; Treaty Series 67 1 

The United States of America and his Majesty the King of Denmark, 
being desirous to terminate amicably the differences which have arisen 
between them in regard to the tolls levied by Denmark on American vessels 
and their cargoes passing through the Sound and Belts, and commonly 
called the Sound Dues, have resolved to conclude a Convention for that 
purpose, and have named as their plenipotentiaries, that is to say, the Presi- 
dent of the United States, Lewis Cass, Secretary of State of the United 
States, and his Majesty the King of Denmark, Torben Bille, Esquire, Knight 
of the Dannebrog and decorated with the Cross of Honor of the same order, 
his said Majesty's Charge d' Affaires near the Government of the United 
States; who, after having communicated to each other their full powers, in 
due form, have agreed to and signed the following articles : 

Article I 

His Majesty the King of Denmark declares entire freedom of the naviga- 
tion of the Sound and the Belts in favor of American vessels and their cargoes, 
from and forever after the day when this Convention shall go into effect as 
hereinafter provided. And it is hereby agreed that American vessels and their 
cargoes after that day shall not be subject to any charges whatever in passing 
the Sound or the Belts, or to any detention in the said waters, and both Gov- 
ernments will concur, if occasion should require it, in taking measures to 
prevent abuse of the free flag of the United States by the shipping of other 
nations which shall not have secured the same freedom and exemption from 
charges enjoyed by that of the United States. 

1 For a detailed study of this convention, see 7 Miller 519. 

11 



1 2 DENMARK 

Article II 

His Danish Majesty further engages that the passages of the Sound and 
Belts shall continue to be lighted and buoyed as heretofore without any 
charge upon American vessels or their cargoes on passing the Sound and the 
Belts, and that the present establishments of Danish pilots in these waters 
shall continue to be maintained by Denmark. His Danish Majesty agrees 
to make such additions and improvements in regard to the lights, buoys and 
pilot establishments in these waters, as circumstances and the increasing 
trade of the Baltic may require. He further engages that no charge shall be 
made, in consequence of such additions and improvements, on American 
4iips and their cargoes passing through the Sound and the Belts. 

It is understood, however, to be optional for the Masters of American 
vessels either to employ in the said waters Danish pilots at reasonable rates 
fixed by the Danish Government, or to navigate their vessels without such 
assistance. 

Article III 

In consideration of the foregoing agreements and stipulation on the part 
of Denmark, whereby the free and unincumbered navigation of American 
vessels through the Sound and the Belts is forever secured, the United States 
agree to pay to the Government of Denmark once for all the sum of seven 
hundred and seventeen thousand, eight hundred and twenty nine Rix dollars, 
or its equivalent, three hundred and ninety-three thousand and eleven dollars 
in United States currency, at London on the day when the said Convention 
shall go into full effect as herein afterwards provided. 

Article IV 

It is further agreed that any other or further privileges, rights or advan- 
tages which may have been or may be granted by Denmark to the commerce 
and navigation of any other nation at the Sound and Belts, or on her coasts 
and in her harbors, with reference to the transit by land through Danish 
territory of merchandize belonging to the citizens or subjects of such nation, 
shall also be fully extended to and enjoyed by the citizens of the United 
States, and by their vessels and property in that quarter. 

Article V 

The general Convention of friendship, commerce and navigation, con- 
cluded between the United States and his Majesty the King of Denmark on 
the 26th of April, 1 826, 2 and which was abrogated on the 1 5th of April, 1 856, 
and the provisions contained in each and all of its articles, the 5th article 
alone excepted, shall after the ratification of this present Convention again 



2 TS 65, ante, p 1. 



SOUND DUES— APRIL 11, 1857 13 

become binding upon the United States and Denmark; it being, however, 
understood that a year's notice shall suffice for the abrogation of the stipula- 
tions of the said Convention hereby renewed. 

Article VI 

The present Convention shall take effect as soon as the laws to carry it 
into operation shall be passed by the governments of the contracting parties, 
and the sum stipulated to be paid by the United States shall be received by 
or tendered to Denmark; and for the fulfilment of these purposes, a period 
not exceeding twelve months from the signing of this Convention shall be 
allowed. 

But if, in the interval, an earlier day shall be fixed upon and carried into 
effect for a free navigation through the Sound and Belts, in favor of any 
other power or powers, the same shall simultaneously be extended to the 
vessels of the United States and their cargoes, in anticipation of the payment 
of the sum stipulated in Article III; it being understood, however, that in 
that event the Government of the United States shall also pay to that of 
Denmark four per cent interest on the said sum from the day the said immu- 
nity shall have gone into operation until the principal shall have been paid 
as aforesaid. 

Article VII 

The present Convention shall be duly ratified and the exchange of rati- 
fications shall take place in Washington within ten months from the date 
hereof, or sooner if practicable. 

In faith whereof the respective plenipotentiaries have signed the present 
Convention, in duplicate, and have thereunto affixed their seals. 

Done at Washington this eleventh day of April in the year of our Lord 
one thousand eight hundred and fifty-seven, and of the Independence of the 
United States the eighty-first. 

Lewis Cass [seal] 

TORBEN BlLLE [SEAL] 



FRIENDSHIP, COMMERCE, AND NAVIGATION 

Additional articles signed at Washington July 11, 1861 
Senate advice and consent to ratification July 17, 1861 
Ratified by Denmark August 8, 1861 

Ratified by the President of the United States August 25, 1861 
Ratifications exchanged at Washington September 18, 1861 
Entered into force September 18, 1861 

Proclaimed by the President of the United States September 20, 1861 
Abrogated by the United States July 1, 1916, in accordance with Sea- 
men's Act of March 4, 1915 x 

13 Stat. 605; Treaty Series 68 2 

Additional Articles 

To the General Convention of Friendship, Commerce and Navigation con- 
cluded at Washington on the twenty-sixth day of April, 1826, between 
the United States of America and his Majesty the King of Denmark 

The United States of America and his Majesty the King of Denmark, 
wishing to favor their mutual commerce by affording, in their ports, every 
necessary assistance to their respective vessels, the undersigned Plenipoten- 
tiaries, being duly empowered for that purpose, have agreed upon the fol- 
lowing additional articles to the General Convention of friendship, Com- 
merce and navigation, concluded at Washington on the twenty-sixth day 
of April, 1826, 3 between the contracting parties. 

Article 1 

The respective Consuls General, Consuls, Vice Consuls and Commercial 
Agents, shall have the right as such to sit as judges and arbitrators in such 
differences as may arise, either at sea or in port, between the Captain, officers 
and crew of the vessels belonging to the nation whose interests are committed 
to their charge, particularly in reference to the adjustment of wages and 
the execution of contracts, without the interference of the local authorities, 



1 38 Stat. 1164. 

' For a detailed study of these additional articles, see 8 Miller 591. 
'TS 65, ante, p. 1. 



14 



FRIENDSHIP, COMMERCE, NAVIGATION— JULY 11, 1861 15 

unless the conduct of the crew and the officers or of the captains, should dis- 
turb the order or tranquillity of the country. 

It is however understood that this species of judgment or arbitration shall 
not deprive the contending parties of the right they have to resort on their 
return to the judicial authority of their country. 

Article 2 

The Consuls General, Consuls, Vice Consuls and Commercial Agents are 
authorized to require the assistance of the local authorities for the search, 
arrest and imprisonment of the deserters from the ships of war and merchant 
vessels of their country. For this purpose they shall apply to the competent 
tribunals, judges and officers, and shall in writing demand said deserters, 
proving by the exhibition of the registers of the vessels, the rolls of the crews, 
or by other official documents, or, if the vessel shall have departed, by copy 
of said documents duly certified by them, that such individuals form part of 
the crew; and on this reclamation being thus substantiated, the surrender 
shall not be refused, unless there be sufficient proof of the said persons being 
citizens or subjects of the country where their surrender is demanded. Such 
deserters when arrested shall be placed at the disposal of said Consuls General, 
Consuls, Vice Consuls or Commercial agents, and may be confined in the 
public prisons at the request and cost of those who shall claim them, in order 
to be detained until the time when they shall be restored to the vessels to 
which they belonged, or sent back to their own country by a vessel of the same 
nation, or any other vessel whatsoever. But if not sent back within three 
months from the day of their arrest, they shall be set at liberty and shall not 
be again arrested for the same cause. However if the deserter should be found 
to have committed any crime or offence, his surrender may be delayed until 
the tribunal before which his case shall be depending shall have pronounced 
its sentence, and such sentence shall have been carried into effect. 

The present additional articles shall have the same force and value as if 
they were inserted, word for word, in the Convention signed at Washington 
on the twenty-sixth day of April, one thousand eight hundred and twenty-six, 
and being approved and ratified by the President of the United States, by and 
with the advice and consent of the Senate thereof, and by his Majesty the 
King of Denmark, the ratifications shall be exchanged at Washington within 
six months from the date hereof, or sooner, if possible. 

In faith whereof, we, the undersigned, in virtue of our respective full 
powers, have signed the present additional articles, and have thereto affixed 
our seals. 

Done in triplicate at the City of Washington on the eleventh day of July 
in the year of our Lord one thousand eight hundred and sixty-one. 

William H. Seward [seal] 
W. R. Raasloff [seal] 



WEST INDIES COLONIZATION 

Agreement signed at Washington July 19, 1862, with annexed copy of 
a provisional act of "Commissioner for and officiating Governor 
General of the Danish West India Islands" dated at St. Croix 
January 26, 1849 

Entered into force July 19, 1862 

Expired July 19, 1867 

8 Miller 833 ' 



Agreement 

This agreement, entered into between Waldemar Rudolph von Raa^lofT 
Charge d'Affaires, for and on behalf of the Government of Denmark, and 
Caleb B. Smith, Secretary of the Interior, for and on behalf of the Govern- 
ment of the United States, witnesseth : 

That the Government of Denmark agrees to receive from the United 
States through its duly constituted authorities, for a term of five years, at a 
landing place called West end, on the danish island of St Croix in the West 
Indies, all negroes, mulattoes, or persons of color delivered from on board 
vessels seized in the prosecution of the Slave trade by Commanders of United 
States armed vessels and to provide them with suitable instruction and with 
comfortable clothing and shelter and to employ them at wages in conformity 
with the provisional act issued by the Governor of St Croix on the twenty 
sixth day of January eighteen hundred and forty nine, entitled "Provisional 
act to regulate the relations between the proprietors of landed estates and the 
rural population of free laborers (a copy of which is hereto annexed) for a 
period not exceeding five years from the date of their being landed at the 
aforesaid landing place, and that the United States shall not be liable for 
any expenses on account of said Negroes, mulattoes, or persons of color after 
having landed them at the aforesaid landing place; And the Government 
of the United States agrees to deliver to the Government of Denmark, or its 
duly constituted authorities, at the aforesaid landing place on the Danish 
island of St Croix in the West Indies, whenever practicable, all negroes, 
mulattoes or persons of color delivered from on board vessels seized in the 



1 For a detailed study of this agreement, see 8 Miller 833. 

16 



WEST INDIES COLONIZATION— JULY 19, 1862 17 

prosecution of the Slave trade by Commanders of United States armed vessels 
during the five years next succeeding the date of this agreement, and to issue 
instructions to the Commanders of the armed vessels of the United States 
directing them, whenever it shall be practicable, and under such rules and 
regulations as may be prescribed by the President of the United States, to 
proceed directly to the aforesaid landing place on the Danish Island of St 
Croix and there deliver to the duly constituted authorities of the Govern- 
ment of Denmark all negroes, mulattoes, or persons of color delivered from 
on board vessels seized in the prosecution of the Slave trade. 

And it is further agreed that the Government of Denmark shall allow the 
United States consul for St Croix or such other Agent as the Government 
of the United States may appoint for that purpose freely and without hinder 
and at all times to visit and inspect the condition of the negroes, mulattoes or 
persons of color that may have been landed on the Island of St Croix under 
this agreement. 

Signed, sealed and delivered, in duplicate, at the City of Washington, this 
nineteenth day of July A.D. eighteen hundred and sixty-two. 

Caleb B. Smith W. Raasloff 

Secretary of the Interior Charge a" Affaires 

[seal -] [seal] 

Signed, sealed and delivered in presence of — 
George Walker 
Geo. C. Whiting 



Provisional Act 

to regulate the relations between the Proprietors of landed estates and the 
rural population of Free Labourers. 

I, Peter Hansen, 

Knight Commander of the Order of Dannebrog, the King's Commissioner 
for and officiating Governor General of the Danish West India Islands, 

Make known: That whereas the Ordinance dated 29th July 1848, by 
which yearly contracts for labour on landed estates were introduced, has 
not been duly acted upon; whereas the interest of the proprietors of estates as 
well as of the labourers, requires that their mutual obligations should be 
defined, and whereas on inquiry into the practice of the Island, and into the 
private contracts and agreements hitherto made, it appears expedient to 
establish uniform rules throughout the Island for the guidance of all parties 
concerned, It is enacted and ordained: 



Seal of Department of the 1 1 i t < 



18 DENMARK 

Para. 1 . All engagements of labourers now domiciled on landed estates 
and receiving wages in money, or in kind, for cultivating and working such 
estates, are to be continued as directed by the ordinance of 29th July 1848 
until the first day of October of the present year; and all similar engagements 
shall in future be made, or shall be considered as having been made, for a 
term of twelve months, viz., from the first of October till the first of October, 
year after year. 

Engagements made by heads of families are to include their children be- 
tween five and fifteen years of age, and other relatives depending on them 
and staying with them. 

Para. 2. No labourer engaged as aforesaid in the cultivation of the soil, 
shall be discharged or dismissed from, nor shall be permitted to dissolve, his 
or her engagement before the expiration of the same on the first of October 
of the present, or of any following year, except in the instances hereafter 
enumerated : 

A. By mutual agreement of master and labourer before a Magistrate. 

B. By order of a Magistrate, on just and equitable cause being shown 
by the parties interested. 

Legal marriage, and the natural tie between mothers and their children, 
shall be deemed by the Magistrate just and legal cause of removal from one 
estate to another. The husband shall have the right to be removed to his 
wife, the wife to her husband, and children under fifteen years of age to their 
mother, provided no objection to employing such individuals shall be made 
by the owner of the estate to which the removal is to take place. 

Para. 3. No engagement of a labourer shall be lawful in future unless 
made in the presence of witnesses and entered in the day book of the estate. 

Para. 4. Notice to quit service shall be given by the employer, as well as 
by the labourer, at no other period but once a year in the month of August, 
not before the first nor after the last day of the said month. An entry thereof 
shall be made in the day book, and an acknowledgment in writing shall be 
given to the labourer. 

The labourer shall have given, or received, legal notice of removal from 
the estate where he serves, before any one can engage his services. Otherwise 
the new contract to be void, and the party engaging or tampering with a 
labourer employed by others, will be dealt with according to law. 

In case any owner or manager of an estate should dismiss a labourer 
during the year without sufficient cause, or should refuse to receive him at 
the time stipulated, or refuse to grant him a passport when due notice of 
removal has been given, the owner or manager is to pay full damages to 
the labourer, and to be sentenced to a fine not exceeding $20. 

Para. 5. Labourers employed or rated as first, second or third class 
labourers shall perform all the work in the field, or about the works, or 



WEST INDIES COLONIZATION— JULY 19, 1862 19 

otherwise concerning the estate, which it hitherto has been customary for 
such labourers to perform, according to the season. They shall attend faith- 
fully to their work, and willingly obey the directions given by the employer 
or the person appointed by him. No labourer shall presume to dictate what 
work he, or she, is to do, or refuse the work he may be ordered to perform, 
unless expressly engaged for some particular work only. If a labourer thinks 
himself aggrieved, he shall not therefore leave the work, but in due time 
apply for redress to the owner of the estate, or to the Magistrate. 

It is the duty of all labourers on all occasions and at all times to protect 
the property of his employer, to prevent mischief to the estate, to apprehend 
evil-doers, and not to give countenance to, or conceal, unlawful practices. 

Para. 6. The working days to be as usual only five days in the week and 
the same days as hitherto. The ordinary work of estates is to commence at 
sunrise and to be finished at sunset every day, leaving one hour for breakfast, 
and two hours at noon from 1 2 to 2 o'clock. 

Planters who prefer to begin the work at 7 o'clock in the morning, making 
no separate breakfast time, are at liberty to adopt this plan, either during the 
year, or when out of crop. 

The labourers shall be present in due time at the place where they are to 
work. The list to be called and answered regularly, whoever does not answer 
the list when called, is too late. 

Para. 7. No throwing of grass, or of wood shall be exacted during extra 
hours, all former agreements to the contrary notwithstanding; out during 
crop the labourers are expected to bring home a bundle of longtops from the 
field where they are at work. 

Cartmen and crookpeople when breaking off, shall attend properly to 
their stock as hitherto usual. 

Para. 8. During crop the mill-gang, the crook-gang, boilermen, firemen, 
still-men and any other person employed about the mill and the boiling- 
house, shall continue their work during breakfast and noon hours, as hitherto 
usual ; and the boilermen, firemen, magass carriers, &c, also during evening 
hours after sunset, when required, but all workmen employed as aforesaid 
shall be paid an extra remuneration for the work done by them in extra hours. 

The boiling house is to be cleared, the mill to be washed down and the 
magass to be swept up, before the labourers leave the work, as hitherto 
usual. 

The mill is not to turn after six o'clock in the evening, and the boiling not 
to be continued after ten o'clock, except by special permission of the Gov- 
ernor-General, who then will determine, if any, and what extra remunera- 
tion shall be paid to the labourers. 

Para. 9. The labourers are to receive until otherwise ordered the follow- 
ing remuneration : 

A. The use of a house, or dwelling rooms, for themselves and their chil- 

259-838— 71 3 



20 DENMARK 

dren, to be built and repaired by the estate, but to be kept in proper order 
by the labourers. 

B. The use of a piece of provision ground, thirty feet in square as usual, 
for every first and second class labourer; or if it be standing ground up to 
fifty feet in square. Third class labourers are not entided to, but may be 
allowed some provision ground. 

C. Weekly wages at the rate of 15 cents to every first class labourer, of 
10 cents to every second class labourer, and of 5 cents to every third class 
labourer, for every working day. 

Where the usual allowance of meal and herrings has been agreed on in 
part of wages, full weekly allowance shall be taken for 5 cents a day, or 
25 cents a week. 

Nurses losing two hours every working day shall be paid at the rate of 
four full working days in the week. 

The wages of minors to be paid as usual to their parents, or to the person 
in charge of them. 

Labourers not calling at pay-time personally, or by another authorized, 
to wait till next pay-day, unless they were prevented by working for the 
estate. 

No attachment of wages for private debts to be allowed, nor more than 
two thirds to be deducted for debts to the estate, unless otherwise ordered 
by the Magistrate. 

Extra provisions occasionally given during the ordinary working hours 
are not to be claimed as a right, nor to be bargained for. 

Para. 10. Work in extra hours during crop is to be paid as follows: 

To the mill gang and to the crook gang for working through the breakfast 
hour one Stiver, and for working through noon two Stivers per day. 

Extra provision is not to be given except at the option of the labourers in 
place of the money or in part of it. 

The boilermen, firemen, and magass carriers are to receive for all days 
when the boiling is carried on until late hours a maximum pay of twenty (20) 
cents per day. No bargaining for extra pay by the hour is permitted. 

Labourers working such extra hours only by turns are not to have addi- 
tional payment. 

Para. 1 1 . Tradesmen on estates are considered as engaged to perform 
the same work as hitherto usual, assisting in the field, carting, potting sugar, 
etc. They shall be rated as first, second and third class labourers, according 
to their proficiency. Where no definite terms have been agreed on previously, 
the wages of first class tradesmen, having full work in their trade, are to be 
twenty (20) cents per day. Any existing contract with tradesmen is to 
continue until October next. 

No tradesman is allowed to keep apprentices without the consent of the 



WEST INDIES COLONIZATION— JULY 19, 1862 21 

owner of the estate. Such apprentices to be bound for no less period than 
three years, and not to be removed without the permission of the Magistrate. 
Para. 12. No labourer is obliged to work for others on Saturdays, but if 
they choose to work for hire, it is proper that they should give their own 
estate the preference. For a full day's work on Saturday there shall not be 
asked for nor given more than : 

Twenty (20) cents to a first class labourer, Thirteen ( 13 ) cents to a second 
class labourer, Seven ( 7 ) cents to a third class labourer. 

Work on Saturday may however be ordered by the Magistrate as a punish- 
ment to the labourer, for having absented himself from work during the week 
for one whole day or more, and for having been idle during the week; and 
then the labourer shall not receive more than his usual pay for a common 
day's work. 

Para. 13. All the male labourers, tradesmen included, above 18 years 
of age, working on an estate are bound to take the usual night watch by turns, 
but only once in ten days. Notice to be given before noon to break off from 
work in the afternoon with the nurses and to come to work next day at 8 
o'clock. The watch to be delivered in the usual manner by nightfall and by 
sunrise. 

The above rule shall not be compulsory except where voluntary watchmen 
cannot be obtained at a hire the planters may be willing to give to save the 
time lost by employing their ordinary labourers as watchmen. 

Likewise the male labourers are bound, once a month, on Sundays and 
Holy-days, to take the day watch about the yard, and to act as pasturemen, 
on receiving their usual pay for a week day's work. This rule applies also to 
the Crook-boys. 

All orders about the watches to be duly entered in the day-book of the 
estate. 

Should a labourer, having been duly warned to take the watch, not attend, 
another labourer is to be hired in the place of the absentee and at his ex- 
pense, not however to exceed 15 cents. The person who wilfully leaves the 
watch or neglects it, is to be reported to the Magistrate and punished as the 
case merits. 

Para. 14. Labourers wilfully abstaining from work on a working day are 
to forfeit their wages for the day, and will have to pay over and above the 
forfeit a fine, which can be lawfully deducted in their wages, of (7) seven 
cents for a first class labourer, five (5) cents for a second class labourer, and 
two ( 2 ) cents for a third class labourer. 

In crop, on grinding days, when employed about the works, in cutting 
canes or in crook, an additional punishment will be awarded for wilful 
absence and neglect by the Magistrate, on complaint being made. 

Labourers abstaining from work for half a day or breaking off from work 
before being dismissed, to forfeit their wages for one day. 



22 DENMARK 

Labourers not coming to work in due time to forfeit half a day's wages. 

Parents keeping their children from work shall be fined instead of the 
children. 

No charge of houserent is to be made in future on account of absence from 
work, or for the Saturday. 

Para. 15. Labourers wilfully abstaining from work for two or more 
days during the week, or habitually absenting themselves, or working badly 
and lazily, shall be punished as the case merits, on complaint to the 
Magistrate. 

Para. 16. Labourers assaulting any person in authority on the estate, 
or planning or conspiring to retard, or to stop, the work of the estate, or 
uniting to abstain from work or to break their engagements, shall be pun- 
ished according to law on investigation before a Magistrate. 

Para. 17. Until measures can be adopted for securing medical attend- 
ance to the labourers, and for regulating the treatment of the sick and the 
infirm, it is ordered : 

That infirm persons, unfit for any work, shall as hitherto be maintained on 
the estates where they are domiciled, and be attended to by their next 
relations. 

That parents or children of such infirm persons shall not remove from the 
estate, leaving them behind, without making provision for them to the satis- 
faction of the owner, or of the Magistrate. 

That labourers unable to attend to work on account of illness, or on ac- 
count of having sick children, shall make a report to the manager or any other 
person in authority on the estate, who, if the case appears dangerous and the 
sick person destitute, shall cause medical assistance to be given. 

That all sick labourers willing to remain in the hospital during their illness, 
shall there be attended to at the cost of the estate. 

Para. 18. If a labourer reported sick shall be at any time found absent 
from the estate without leave, or is trespassing about the estate, or found 
occupied with work requiring health, he shall be considered skulking and 
wilfully absent from work. 

When a labourer pretends illness and is not apparently sick, it shall be 
his duty to prove his illness by medical certificate. 

Para. 19. Pregnant women shall be at liberty to work with the small gang 
as customary, and when confined not to be called on to work for seven weeks 
after their confinement. 

Young children shall be fed and attended to during the hours of work at 
some proper place, at the cost of the estate. 

Nobody is allowed to stay from work on pretence of attending a sick person, 
except the wife and the mother in dangerous cases of illness. 

Para. 20. It is the duty of the managers to report to the Police any 
contagious or suspicious cases of illness and death; especially when gross 



WEST INDIES COLONIZATION— JULY 19, 1862 23 

neglect is believed to have taken place, or when children have been neglected 
by their mothers, in order that the guilty person may be punished according 
to law. 

Para. 2 1 . The driver or foreman on the estate is to receive in wages four 
and a half dollars monthly, if no other terms have been agreed on. The driver 
may be dismissed at any time during the year with the consent of the Magis- 
trate. It is the duty of the driver to see the work duly performed, to maintain 
order and peace on the estate, during the work and at other times, and to 
prevent and report all offences committed. Should any labourer insult, or 
use insulting language towards him during, or on account of, the performance 
of his duties, such person is to be punished according to law. 

Para. 22. No labourer is allowed without the special permission of the 
owner or manager to appropriate wood, grass, vegetables, fruits or the like, 
belonging to the estate, nor to appropriate such produce from other estates, 
nor to cut canes, or to burn charcoal. Persons making themselves guilty of 
such offences shall be punished according to law with fines or imprisonment 
with hard labour; and the possession of such articles not satisfactorily 
accounted for, shall be sufficient evidence of unlawful acquisition. 

Para. 23. All agreements contrary to the above rules are to be null and 
void, and owners and managers of estates convicted of any practice tending 
wilfully to counteract, or avoid, these rules by direct or indirect means, shall 
be subject to a fine not exceeding 200 dollars. 

Government-House, St. Croix, 26th January, 1849. 

P. Hansen 



NATURALIZATION 

Convention signed at Copenhagen July 20, 1872 

Ratified by Denmark November 13, 1872 

Senate advice and consent to ratification January 13, 1873 

Ratified by the President of the United States January 22, 1873 

Ratifications exchanged at Copenhagen March 14, 1873 

Entered into force March 14, 1873 

Proclaimed by the President of the United States April 15, 1873 

17 Stat. 941 ; Treaty Series 69 

The United States of America and His Majesty the King of Denmark 
being desirous to regulate the citizenship of the citizens of the United States 
of America who have emigrated, or who may emigrate, from the United 
States of America to the Kingdom of Denmark, and of Danish subjects who 
have emigrated, or who may emigrate, from the Kingdom of Denmark to 
the United States of America, have resolved to conclude a convention for 
that purpose, and have named as their plenipotentiaries; that is to say, the 
President of the United States of America: Michael J. Cramer, minister 
resident of the United States of America at Copenhagen; and His Majesty 
the King of Denmark: Otto Ditley Baron Rosenorn-Lehn, commander of 
Danebrog and Danebrogsmand, chamberlain, His Majesty's minister for 
foreign affairs, &c, &c, &c. ; 

Who, after having communicated to each other their respective full powers, 
found to be in good and due form, have agreed upon and concluded the 
following articles, to wit : 

Article I 

Citizens of the United States of America who have become, or shall 
become, and are, naturalized, according to law, within the Kingdom of 
Denmark as Danish subjects, shall be held by the United States of America 
to be in all respects and for all purposes Danish subjects, and shall be treated 
as such by the United States of America. 

In like manner, Danish subjects who have become, or shall become, and 
are, naturalized, according to law, within the United States of America as 
citizens thereof, shall be held by the Kingdom of Denmark to be in all 
respects and for all purposes as citizens of the United States of America, 
and shall be treated as such by the Kingdom of Denmark. 

24 



NATURALIZATION— JULY 20, 1872 25 

Article II 

If any such citizen of the United States, as aforesaid, naturalized within 
the Kingdom of Denmark as a Danish subject, should renew his residence 
in the United States, the United States Government may, on his application, 
and on such conditions as that Government may see fit to impose, readmit 
him to the character and privileges of a citizen of the United States, and the 
Danish government shall not, in that case, claim him as a Danish subject on 
account of his former naturalization. 

In like manner, if any such Danish subject, as aforesaid, naturalized within 
the United States as a citizen thereof, should renew his residence within the 
Kingdom of Denmark, His Majesty's Government may, on his application, 
and on such conditions as that Government may think fit to impose, readmit 
him to the character and privileges of a Danish subject, and the United States 
Government shall not, in that case, claim him as a citizen of the United States 
on account of his former naturalization. 

Article III 

If, however, a citizen of the United States, naturalized in Denmark, shall 
renew his residence in the former country without the intent to return to 
that in which he was naturalized, he shall be held to have renounced his 
naturalization. 

In like manner, if a Dane, naturalized in the United States, shall renew 
his residence in Denmark without the intent to return to the former country, 
he shall be held to have renounced his naturalization in the United States. 

The intent not to return may be held to exist when a person naturalized in 
the one country shall reside more than two years in the other country. 

Article IV 

The present convention shall go into effect immediately on or after the 
exchange of the ratifications, and shall continue in force for ten years. If 
neither party shall have given to the other six months' previous notice of its 
intention then to terminate the same, it shall further remain in force until the 
end of twelve months after either of the contracting parties shall have given 
notice to the other of such intention. 

Article V 

The present convention shall be ratified by the President of the United 
States of America, by and with the advice and consent of the Senate thereof, 
and by His Majesty the King of Denmark, and the ratifications shall be ex- 
changed at Copenhagen as soon as may be, within eight months from the date 
hereof. 



26 DENMARK 

In witness whereof the respective plenipotentiaries have signed the same, 
and have affixed thereto their respective seals. 

Done at Copenhagen, the twentieth day of July, in the year of our Lord 
one thousand eight hundred and seventy-two. 

Michael J. Cramer [seal] 

O. D. Rosenorn-Lehn [seal] 



EXEMPTION OF VESSELS FROM 
READMEASUREMENT 

Agreement signed at Washington February 26, 1886 

Entered into force April 1, 1886 

Modified by agreement of October 2 and 28, 1895 1 

Treaty Series 70 

The Government of the United States of America and the Government 
of His Majesty the King of Denmark, having found it expedient to enter into 
an agreement for the mutual exemption from readmeasurement of United 
States and Danish vessels in the ports of their respective countries, have au- 
thorized the undersigned to sign the following declaration. 



Danish steam and sailing vessels shall be exempted from readmeasurement 
in all ports of the United States, and the net register tonnage denoted in their 
certificate of registry and nationality shall be deemed to be equal to the net 
or register tonnage of vessels of the United States, provided only, that, if in 
any case it shall be found that a vessel has added to her carrying capacity since 
the issue of her register or certificate of admeasurement, the spaces or houses 
so added shall be admeasured and the usual fee exacted. 

II 

Steam and sailing vessels of the United States shall be exempted from 
readmeasurement in all Danish ports, and the net or register tonnage stated 
in their certificates of registry shall be deemed to be equal to the net register 
tonnage of Danish ships ; provided only, that in cases in which the certificates 
of vessels of the United States express the gross tonnage only, deductions of 
the spaces or compartments appropriated to the use of the crew of the vessel 
in steam and sailing vessels, and of the spaces occupied by or necessary for 
the propelling power in steam vessels, shall be made according to the Danish 
rules for admeasurement, without any expense to the vessel. 

The present agreement shall take effect on the 1st of April, 1886. 

Done in duplicate at Washington, D. C, this twenty-sixth day of February, 
1886. 

T. F. Bayard [seal] 

P. LoVENORN [SEAL] 

1 Post, p. 32. 

27 

259-333—71 4 



CLAIMS: THE CASE OF CARLOS 
BUTTERFIELD AND COMPANY 

Agreement signed at Copenhagen December 6, 1888 

Senate advice and consent to ratification February 11, 1889 

Ratified by Denmark April 13, 1889 

Ratified by the President of the United States April 23, 1889 

Ratifications exchanged at Washington May 23, 1889 

Entered into force May 23, 1889 

Proclaimed by the President of the United States May 24, 1889 

Terminated January 22, 1890 % 

26 Stat. 1490; Treaty Series 71 

Whereas the Government of the United States of America has heretofore 
presented to the Kingdom of Denmark the claim of Carlos Butterfield and 
Company, of which Carlos Butterfield now deceased was the surviving part- 
ner, for an indemnity for the seizure and detention of the two vessels, the 
steamer Ben Franklin and the Barque Catherine Augusta, by the authorities 
of the Island of St. Thomas of the Danish West India Islands in the years 
1854 and 1855; for the refusal of the ordinary right to land cargo for the 
purpose of making repairs ; for the injuries resulting from a shot fired into one 
of the vessels; and for other wrongs: 

Whereas the said Governments have not been able to arrive at a conclusive 
settlement thereof: and 

Whereas each of the parties hereto has entire confidence in the learning, 
ability and impartiality of Sir Edmund Monson, Her British Majesty's Envoy 
extraordinary and Minister plenipotentiary in Athens, 

Now therefore the undersigned, Rasmus B. Anderson, Minister Resident 
of the United States of America at Copenhagen, and Baron O. D. Rosenorn- 
Lehn, Royal Danish Minister of Foreign Affairs, duly empowered thereto 
by their respective Governments have agreed upon the stipulations contained 
in the following Articles : 

Article I 

The said claim of Carlos Butterfield and Company shall be referred to the 
said Sir Edmund Monson, Her British Majesty's Envoy extraordinary and 



1 Date of arbitrator's award disallowing all claims. 

28 



CLAIMS— DECEMBER 6, 1888 29 

Minister plenipotentiary in Athens, as sole arbitrator thereof in conformity 
with the conditions hereinafter expressed ; to which end the High Contracting 
Parties agree to communicate to him in writing their common desire to com- 
mit the matter to his arbitration. 

Article II 

The Arbitrator shall receive in evidence before him duly certified copies 
of all documents, records, affidavits, or other papers heretofore filed in sup- 
port of or against the claim in the proper department of the respective Gov- 
ernments, copies of which shall at the same time be furnished to the other 
Government. Each Government shall file its evidence before the arbitrator 
within seventy-five days after its receipt of notice of his acceptance of the 
position conferred upon him. 

Each party shall be allowed seventy-five days thereafter to file with the 
arbitrator a written argument. The arbitrator shall render his award within 
sixty days after the date at which the arguments of both parties shall have 
been received. 

Article III 

The expenses of such arbitration, which shall include the compensation of 
a clerk at the rate of not more than two hundred dollars a month, should the 
arbitrator request such aid, shall be borne by the two Governments jointly 
in equal moieties. 

Article IV 

The High Contracting Parties agree to accept the decision of the arbitrator 
as final and conclusive and to abide by and perform the same in good faith 
and without unnecessary delay. 

Article V 

This agreement shall be ratified by each Government and the ratifications 
exchanged at Washington as soon as possible. 

In witness whereof the respective Plenipotentiaries have signed and sealed 
the present Agreement in duplicate in the English and Danish languages. 

Done at Copenhagen, this sixth day of December in the year of our Lord, 
one thousand eight hundred and eighty-eight. 

R. B. Anderson [seal] 

O. D. Rosenorn-Lehn [seal] 



TRADEMARKS AND TRADE LABELS 

Convention signed at Copenhagen June 15, 1892 

Senate advice and consent to ratification July 21, 1892 

Ratified by the President of the United States July 29, 1892 

Ratified by Denmark September 23, 1892 

Ratifications exchanged at Copenhagen September 28, 1892 

Entered into force September 28, 1892 

Proclaimed by the President of the United States October 12, 1892 

27 Stat. 963; Treaty Series 72 

Convention 

With a view to secure for the manufacturers in the United States of 
America, and those in Denmark, the reciprocal protection of their Trade 
Marks and Trade Labels, the Undersigned, duly authorised to that effect, 
have agreed on the following dispositions. 

Article I 

The subjects or citizens of each of the High Contracting Parties shall in 
the Dominions and Possessions of the other have the same rights as belong 
to native subjects or citizens, in everything relating to Trade Marks and 
Trade Labels of every kind. 

Provided, always, that in the United States the subjects of Denmark, and 
in Denmark, the citizens of the United States of America, cannot enjoy these 
rights to a greater extent or for a longer period of time than in their native 
country. 

Article II 

Any person in either country desiring protection of his Trade Mark in the 
Dominions of the other must fulfil the formalities required by the law of the 
latter; but no person, being a subject or citizen of one of the contracting 
States, shall be entitled to claim protection in the other by virtue of the 
provisions of this convention, unless he shall have first secured protection 
in his own country in accordance with the laws thereof. 
30 



TRADEMARKS— JUNE 15, 1892 31 

Article III 

This arrangement shall go into effect immediately on or after the exchange 
of the ratifications and shall be in force until a year after it has been recalled 
by the one or the other of the two High Parties. 

Article IV 

The present convention shall be ratified by the President of the United 
States of America by and with the advice and consent of the Senate thereof 
and by His Majesty the King of Denmark, and the ratifications shall be 
exchanged at Copenhagen as soon as may be within ten months from the 
date hereof. 

In witness whereof the Undersigned have signed the present convention 
and have affixed thereto the seal of their arms. 

Done at Copenhagen in double expedition the 15. June, 1892. 

Clark E. Carr [seal] 
Reedtz Thott [seal] 



EXEMPTION OF VESSELS FROM 
ADMEASUREMENT 

Exchange of notes at Washington October 2 and 28, 1895, modifying 

agreement of February 26, 1886 * 
Entered into force October 28, 1895 

Department of State files 
The Danish Minister to the Secretary of State 

[TRANSLATION] 

Danish Legation 
Washington, October 2, 1895 

Mr. Secretary of State : 

I have the honor to place before your Excellency's eyes an extract, in 
French translation, from a letter which I have just received from my Gov- 
ernment, and on the subject concerning the admeasurement of vessels. 

This extract contains a statement of the rules which have been successively 
adopted by the two countries on the subject. Your Excellency will see by it 
that, at present, Denmark and the United States have adopted precisely the 
same rules for the admeasurement of vessels, but that neither country knew, 
at the time of amending its system, that the other was likewise amending its 
system at the same time and in the same sense, and that, subsequently, 
restrictions were prescribed as to the mutual recognition of certificates of 
admeasurement, for which restrictions there seems to be no longer any 
necessity. 

For instance, the Treasury Department at Washington, in a circular of 
March 7, 1895, orders the recognition of the certificates of admeasurement 
of Danish vessels, only "with the addition of the amount of the deductions 

1 TS 70, ante, p. 27. 
32 



EXEMPTION FROM ADMEASUREMENT— OCT. 2 AND 28, 1895 33 

and omissions made under such (Danish) laws, but not authorized by the 
Act of March 2, 1895." 2 

My Government presumes that this circular of March 7, which equally 
concerns several other countries, is intended to remain in force only until 
the conclusion of special Conventions with the countries interested, requiring 
its modification. It instructs me to call your Excellency's attention to the 
absolute identity of the rules now followed by Denmark and the United 
States, in the admeasurement of vessels, and to propose to you that the 
restriction made by the circular of March 7, to the pure and simple recogni- 
tion of certificates of admeasurement, be repealed so far as regards Danish 
vessels. 

The consequence of this would be, that the net tonnage register given in 
certificates of nationality and registration of Danish vessels, would be purely 
and simply recognized by the American Authorities in the case of every 
sailing vessel, without the date of the certificate being of any importance. In 
the case of a steamer, on the other hand, the net tonnage register given in 
accordance with the British rule by the Danish certificate delivered on the 
1st April of the current year, or subsequently, would be, likewise, purely 
recognized. If the certificate was delivered at a previous date, the American 
Authorities would recognize the amount in accordance with the British rule 
contained in an Appendix to the certificate. 

The Danish Government would bind itself, on its own part, to recognize 
the net tonnage register given in the certificates of United States sailing ves- 
sels, in all Danish ports, without any transcription or new admeasurement, 
as well as the net tonnage register given in the certificates of American steam- 
ers, if those certificates were delivered on the 1st April of the current year, 
or subsequently. If the steamer's certificate should be prior to that date, the 
rule prescribed by the Danish Ordinance of March 10, 1895, Part II, Section 
C (b), would be applied. This rule is given in the above-mentioned extract, 
in French translation, P. 5. 

I have the honor to enclose : 

1. The Ordinance of March 10, 1895. 

2. A blank form of a certificate of nationality and registration, for steam- 
ers measured in accordance with the British Rule, in conformity with the 
Ordinance of March 1 0. 3 

3. A blank form of a certificate of admeasurement for steamers measured 
according to the British Rule, in conformity with the Ordinance of March 10.' 

4. A blank form of a certificate of admeasurement concerning the spaces 
which, by virtue of Part III, Section H, of the Ordinance of March 10, must 
be deducted from the gross tonnage register.' 



'28 Stat. 741. 

" Not printed here. 



34 DENMARK 

5. The Danish Law of March 13, 1867, with regard to the admeasure- 
ment of vessels (English translation) . 4 

Accept, Mr. Secretary of State, etc. 

C. Brun 

His Excellency 

Mr. Richard Olney, 
Secretary of State. 

ENCLOSURE 1 

(Extract) 

Ministry of Foreign Affairs 
Copenhagen, September 12, 1895 

An ordinance issued by the Director-General of Contributions, dated 
March 10, 1895, by virtue of the power conferred upon him by the Law 
of March 13, 1867, concerning the mode of measuring the tonnage of 
vessels. 

In conformity with this new Ordinance, Denmark has adopted entirely, 
beginning with April 1, 1895, the English rules for the admeasurement of 
vessels, as they are prescribed by the Merchant Shipping Act of August 25, 
1894, Sections 77-82, 210 and Second and Sixth Schedules, which has been 
in force since January 1 , 1 895. 

The chief reason for this amendment, was the fact that the said English 
Rules seem to be destined to gain more and more the general adhesion of all 
nations. 

In order to judge the scope and importance of the new Ordinance of 
March 10, 1895, it is well to remark that, as regards the admeasurement of 
steamers, the rule hitherto in force in Denmark for calculating the space 
to be deducted as required for the motive power of the vessel, the "Danube 
Rule", is identical in principle with the rule prescribed by the Merchant 
Shipping Act of 1894, Sec. 78, (1) (b), and that the modifications of the 
English Rules prescribed by the Merchant Shipping (Tonnage) Act of 
August 26, 1889 (Sections 2.3 and 5), inserted again in the Merchant 
Shipping Act of 1894, were also adopted in Denmark, beginning with Janu- 
ary 1, 1892. In reality, the innovation resulting from the Ordinance of 
March 10, 1895, is thus confined to the adoption of the rule prescribed by 
the Merchant Shipping Act of 1894, Sec. 78 (1) (a), and specially known 
under the name of the "British Rule." This rule fixes the space to be deducted 

' Not printed here. 



EXEMPTION FROM ADMEASUREMENT— OCT. 2 AND 28, 1895 35 

as necessary for the motive power, for screw steamers, at 32 o/o, for side- 
wheel steamers, at 37 o/o, of the gross tonnage register, in all cases where 
the tonnage of the space actually occupied by the machinery, is respectively 
above 13 o/o but under 20 o/o, or above 20 o/o, but under 30 o/o, of the 
gross tonnage. 

The last arrangement made with the United States concerning the ad- 
measurement of vessels, is the Declaration signed at Washington on the 26th 
February, 1886 (Treasury Department's Circular of March 16, 1886). As 
Denmark and the United States both followed the Danube Rule at that time, 
as regards the calculation of the space to be deducted from the tonnage of 
steamers, the net tonnage given in the respective national documents of 
admeasurement, was admitted and recognized purely and simply. 

Now, it appears from the American Law of March 2, 1895, that the 
United States has likewise adopted the British Rule (a), beginning with 
April 1, 1895. 

The rules adopted by the two countries for the admeasurement of vessels, 
are, therefore, both before and after the modifications introduced, absolutely 
identical. 

At the time that the Danish Ordinance of March 10, 1895, relative to 
this subject, was issued, the King's Government was still ignorant of the 
American Law of March 2, 1895. The United States is, consequently, 
classed among the countries following the Danube Rule (Part II, Sec. C (b) ) . 
The Ordinance, therefore, says that the space to be deducted for the motive 
power of North American steamers, shall be determined according to the 
British Rule, if the application of that Rule is asked ; otherwise, according to 
the net tonnage register given in the national document of admeasurement. 
In Part II, Sec. C(d), the Ordinance of March 10 recognizes purely and 
simply the net tonnage register given in the certificates of North American 
sailing vessels. 

On the other hand, a Circular of the Treasury Department at Washing- 
ton, dated March 7, 1895, recognizes, beginning with April 1, 1895, the 
statements of the gross and net tonnage, contained in Danish certificates of 
nationality and registration, "on adding the deductions and omissions 
made by virtue of the Danish laws, but which are not authorized by the 
Law of March 2, 1895." 

Reedtz Thott 



36 DENMARK 

The Secretary of State to the Danish Minister 

Department of State 
No. 16 Washington, October 28, 1895 

Mr. CONSTANTIN BrUN, 

Etc-Etc-Etc. 

Sir, 

Referring to your note of the 2d instant, on the subject of the rules in force 
in the United States and Denmark concerning the admeasurement of vessels, 
I have the honor to enclose for your information a copy of a letter from 
the Treasury Department of the 23d instant, on the subject, which it is 
thought, will furnish your Government with the information that it desires. 

Accept, Etc. 

Richard Olney 

Encl: From the Acting Secretary of the Treasury 
Oct. 23, 1895. 

ENCLOSURES 

The Acting Secretary of the Treasury to the Secretary of State 

Treasury Department 
Office of the Secretary 
Washington, D.C., October 23, 1895 

The Honorable 

The Secretary of State. 

Sir: 

I have the honor to acknowledge the receipt of your letter dated the 5th 
instant, transmitting, for my information and consideration, a copy of a 
note of the 2nd instant, from the Minister of Denmark at this capital, on the 
subject of the rules in force in the United States and Denmark concerning 
the admeasurement of vessels. 

Copies of a circular upon the subject of this date are enclosed herewith for 
the information of the Minister who may be advised that the provision in 
the orders for the addition of the amount of any deductions and omissions 
from the foreign register or appendix, not authorized by the laws of the 
United States, was inserted to guard against admeasurements, which by 
inadvertence might be erroneous, and not to prevent the acceptance of cor- 



EXEMPTION FROM ADMEASUREMENT— OCT. 2 AND 28, 1895 37 

rect admeasurements regularly made. It is contained in the general regula- 
tions, and is applicable in the case of foreign vessels generally. 
Respectfully yours, 

W. E. Curtis 
Acting Secretary 

Treasury Department Circular 
Danish Vessels Admitted Without Admeasurement 

Treasury Department 

Bureau of Navigation 
Department circular no. 1895 Washington, D.C., October 23, 1895 

To Collectors of Customs and Others: 

This office being satisfied that, the rules concerning the admeasurement 
for tonnage of vessels of the United States have been substantially adopted 
by the Government of Denmark, Danish vessels arriving in the United States 
shall hereafter be deemed to be of the tonnage denoted in their certificates 
of registry or other national papers, and it shall not be necessary for such 
vessels, when furnished with such certificates, to be readmeasured in any 
port of the United States. Danish steam vessels having an appendix to their 
certificates, stating their measurement, according to the so-called "English 
rule," shall be deemed to be of the tonnage denoted in the appendix, and 
it shall not be necessary for such vessels to be readmeasured. 

The amount of any deductions and omissions, however, not authorized 
by the admeasurement laws of the United States, must be added to the 
register tonnage of such vessels. ( Regulations, 1 892 ) . 



Eugene T. Chamberlain 

Commissioner 



Approved : 

W. E. Curtis, 

Acting Secretary 



EXTRADITION 

Treaty signed at Washington January 6, 1902 

Senate advice and consent to ratification January 30, 1902 

Ratified by the President of the United States February 26, 1902 

Ratified by Denmark March 8, 1902 

Ratifications exchanged at Washington April 16, 1902 

Proclaimed by the President of the United States April 17, 1902 

Entered into force May 16, 1902 

Supplemented by conventions of November 6, 1905, * and May 6, 1936 2 

Terminated June 18, 1968 s 

32 Stat. 1906; Treaty Series 405 

The United States of America and his Majesty the King of Denmark, 
being desirous to confirm their friendly relations and to promote the cause 
of justice, have resolved to conclude a treaty for the extradition of fugitives 
from justice, and have appointed for that purpose the following 
plenipotentiaries : 

The President of the United States of America, John Hay, Secretary of 
State of the United States; and His Majesty the King of Denmark, Mr. 
Constantin Brun, Commander of the Order of Dannebroge and decorated 
with the Cross of Honor of the same Order, His Majesty's Chamberlain 
and Envoy Extraordinary and Minister Plenipotentiary at Washington ; who, 
after having communicated to each other their respective full powers, found 
in good and due form, have agreed upon and concluded the following 
articles: 

Article I 

The Government of the United States and the Government of Denmark 
mutually agree to deliver up persons who, having been charged with or 
convicted of any of the crimes and offenses specified in the following article, 
committed within the jurisdiction of one of the contracting parties, shall 
seek an asylum or be found within the territories of the other : Provided that 
this shall only be done upon such evidence of criminality as, according to 



1 TS 449, post, p. 43. 

2 TS 911, post, p. 105. 

8 Pursuant to notice of termination given by Denmark Jan. 18, 1958. 

38 



EXTRADITION— JANUARY 6, 1902 39 

the laws of the place where the fugitive or person so charged shall be found, 
would justify his or her apprehension and commitment for trial if the crime 
or offense had been there committed. 

Article II 
Extradition shall be granted for the following crimes and offenses: 

1. Murder, comprehending assassination, parricide, infanticide, and 
poisoning; attempt to commit murder; the killing of a human being, when 
such act is punishable in the United States as voluntary manslaughter, and 
in Denmark as manslaughter. 

2. Arson. 

3. Robbery, defined to be the act of feloniously and forcibly taking from 
the person of another money or goods, by violence or putting him in fear; 
burglary, also housebreaking or shopbreaking. 

4. Forgery, or the utterance of forged papers; the forgery or falsification 
of official acts of government, of public authorities, or of courts of justice, 
or the utterance of the thing forged or falsified. 

5. The counterfeiting, falsifying or altering of money whether coin or 
paper, or of instruments of debt created by national, state, provincial or 
municipal governments, or of coupons thereof, or of banknotes, or the utter- 
ance or circulation of the same; or the counterfeiting, falsifying or altering 
of seals of state. 

6. Embezzlement by public officers; embezzlement by persons hired or 
salaried, to the detriment of their employers; larceny; obtaining money, 
valuable securities or other property by false pretenses, or receiving money, 
valuable securities, or other property, knowing the same to have been embez- 
zled, stolen or fraudulently obtained, when such act is made criminal by 
the laws of both countries and the amount of money or the value of the 
property fraudulently obtained or received is not less than $200. or 
Kroner 740. 

7. Fraud, or breach of trust by a bailee, banker, agent, factor, trustee 
or other person acting in a fiduciary capacity, or director or member or officer 
of any company, when such act is made criminal by the laws of the countries, 
and the amount of money or the value of the property misappropriated is 
not less than $200. or Kroner 740. 

8. Perjury; subornation of perjury. 

9. Rape; abduction; kidnapping. 

10. Malicious destruction of, or attempt to destroy, railways, trains or 
cars, bridges, dwellings, public edifices, or other buildings, when the act en- 
dangers human life. 

1 1 . Crimes committed at sea : 

( a ) Piracy, by statute or by the law of nations. 



40 DENMARK 

(b) Revolt, or conspiracy to revolt, by two or more persons on board 
a ship on the high seas against the authority of the master. 

(c) Wrongfully sinking or destroying a vessel at sea, or attempting to 
do so. 

(d) Assault on board a ship on the high seas with intent to do grievous 
bodily harm. 

12. Crimes and offenses against the laws of both countries for the suppres- 
sion of slavery and slavetrading. 

1 3 . Procuring abortion . 4 

Extradition is also to take place for participation in any of the crimes and 
offenses mentioned in this Treaty, provided such participation may be 
punished in the United States as a felony, and in Denmark by imprisonment 
at hard labor. 

Article III 

Requisitions for the surrender of fugitives from justice shall be made by 
the diplomatic agents of the contracting parties, or in the absence of these 
from the country or its seat of government, may be made by the superior 
consular officers. 

If the person whose extradition is requested shall have been convicted of a 
crime or offense, a duly authenticated copy of the sentence of the court in 
which he was convicted, or if the fugitive is merely charged with crime, a duly 
authenticated copy of the warrant of arrest in the country where the crime 
has been committed, and of the depositions or other evidence upon which 
such warrant was issued, shall be produced. 

The extradition of fugitives under the provisions of this Treaty shall be 
carried out in the United States and in Denmark respectively, in conformity 
with the laws regulating extradition for the time being in force in the state 
on which the demand for surrender is made. 

Article IV 

When the arrest and detention of a fugitive in the United States are 
desired on telegraphic or other information in advance of the presentation 
of formal proofs, complaint on oath, as provided by the statutes of the United 
States, shall be made by an agent of the Danish Government before a judge 
or other magistrate authorized to issue warrants of arrest in extradition cases. 

In the Kingdom of Denmark the diplomatic or consular officer of the 
United States shall apply to the Foreign Office, which will immediately cause 
the necessary steps to be taken in order to secure the provisional arrest and 
detention of the fugitive. 



* For additions to art. II, see TS 449, post, p. 43, and TS 91 1, post, p. 105. 



EXTRADITION— JANUARY 6, 1902 41 

The provisional detention of a fugitive shall cease and the prisoner be 
released, if a formal requisition for his surrender, accompanied by the nec- 
essary evidence of his criminality, has not been produced under the stipula- 
tions of this Convention, within two months from the date of his provisional 
arrest or detention. 

Article V 

Neither of the contracting parties shall be bound to deliver up its own 
citizens, born or naturalized, under the stipulations of this Convention. 

Article VI 

A fugitive criminal shall not be surrendered if the offense in respect of 
which his surrender is demanded be of a political character, or if he proves 
that the requisition for his surrender has, in fact, been made with a view 
to try or punish him for an offense of a political character. 

No person surrendered by either of the high contracting parties to the other 
shall be triable or tried, or be punished for any political crime or offense, or 
for any act connected therewith, committed previously to his extradition. 

An attempt against the life of the head of either Government, or against 
that of any member of his family, when such attempt comprises the act either 
of murder or assassination, or of poisoning, shall not be considered a political 
offense or an act connected with such offense. 

If any question shall arise as to whether a case comes within the provisions 
of this Article, the decision of the authorities of the government on which the 
demand for surrender is made, or which may have granted the extradition, 
shall be final. 

Article VII 

Extradition shall not be granted, in pursuance of the provisions of this 
Convention, if legal proceedings or the enforcement of the penalty for the act 
committed by the person claimed has become barred by limitation, according 
to the laws of the country to which the requisition is addressed. 

Article VIII 

No person surrendered by either of the high contracting parties to the 
other shall without his consent, freely granted and publicly declared by him, 
be triable or tried, or be punished for any crime or offense committed prior 
to his extradition, other than that for which he was delivered up, until he 
shall have had an opportunity of returning to the country from which he 
was surrendered. 

Article IX 

All articles seized which are in the possession of the person to be surren- 
dered at the time of his apprehension, whether being the proceeds of the 
crime or offense charged, or being material as evidence in making proof of 



42 DENMARK 

the crime or offense shall, so far as practicable and in conformity with the 
laws of the respective countries, be given up when the extradition takes place. 
Nevertheless, the rights of third parties with regard to such articles shall be 
duly respected. 

Article X 

If the individual claimed by one of the high contracting parties, in pur- 
suance of the present Treaty, shall also be claimed by one or several other 
powers on account of crimes or offenses committed within their respective 
jurisdictions, his extradition shall be granted to the State whose demand 
is first received: Provided, that the Government from which extradition is 
sought is not bound by treaty to give preference otherwise. 

Article XI 

The expenses incurred in the arrest, detention, examination and delivery 
of fugitives under this Treaty shall be borne by the State in whose name the 
extradition is sought; Provided, that the demanding government shall not 
be compelled to bear any expense for the services of such public officers of 
the government from which extradition is sought as receive a fixed salary; 
and Provided that the charge for the services of such public officers as receive 
only fees or perquisites shall not exceed their customary fees for the acts or 
services performed by them had such acts or services been performed in 
ordinary criminal proceedings under the laws of the country of which they are 
officers. 

Article XII 

The present Treaty shall take effect on the thirtieth day after the date of 
the exchange of ratifications, and shall not operate retroactively. 

The ratifications of the present Treaty shall be exchanged at Washington 
as soon as possible and it shall remain in force for a period of six months 
after either of the contracting governments shall have given notice of a pur- 
pose to terminate it. 

In witness whereof, the respective plenipotentiaries have signed the above 
articles, both in the English and the Danish languages and have hereunto 
affixed their seals. 

Done in duplicate, at the City of Washington, this sixth day of January 
nineteen hundred and two. 

John Hay [seal] 
C. Brun [seal] 



EXTRADITION 

Convention signed at Washington November 6, 1905, supplementing 

treaty of January 6, 1902 
Senate advice and consent to ratification December 7 , 1905 
Ratified by Denmark December 14, 1905 

Ratified by the President of the United States February 13, 1906 
Ratifications exchanged at Washington February 19, 1906 
Entered into force February 19, 1906 

Proclaimed by the President of the United States February 19, 1906 
Terminated June 18, 1968 1 

34 Stat. 2887 ; Treaty Series 449 

The United States of America and His Majesty the King of Denmark, 
agreeing that the convention for the extradition of criminals signed by their 
Plenipotentiaries at Washington on January 6, 1902, 2 is applicable to their 
respective island possessions or colonies, and desiring to define the procedure 
by which applications for the surrender of accused persons from such island 
possessions or colonies shall be made, and to add to the list of extraditable 
crimes mentioned in Article II of the said convention of January 6, 1902, 
by means of an additional convention, have to that end appointed as their 
Plenipotentiaries : 

The President of the United States of America, Elihu Root, Secretary of 
State of the United States; and 

His Majesty the King of Denmark, Mr. Constantin Brun, Commander 
of the Order of Dannebroge and decorated with the Cross of Honor of the 
same Order, His Majesty's Chamberlain and Envoy Extraordinary and 
Minister Plenipotentiary at Washington ; 

Who, after having communicated to each other their respective full 
powers, found in due and good form, have agreed upon and concluded the 
following articles: 

Article I 

In the case of crimes committed in the island possessions or colonies of 
the contracting parties, applications for the surrender of the accused may 

1 Pursuant to notice of termination given by Denmark Jan. 18, 1968. 
1 TS 405, ante, p. 38. 

43 



44 DENMARK 

be made directly to the Governor or Chief Magistrate of the island pos- 
session or colony in which the fugitive has sought refuge, by the Governor 
or Chief Magistrate of the colony or island possession of the other contracting 
party, provided that both island possessions or colonies are situated in 
America. The aforesaid Governors or Chief Magistrates shall have authority 
either to grant the extradition or to refer the matter for decision to the Gov- 
ernment of the mother country. In all other cases applications for extradi- 
tion shall be made through the diplomatic channel. 

Where a fugitive criminal is arrested in the Philippine Islands, the Hawai- 
ian Islands, Faroe Islands, or Iceland he may be provisionally detained for 
a period of four months. 

Article II 

In addition to the crimes and offenses mentioned in Article II of the con- 
vention between the United States of America, and the Kingdom of Den- 
mark for the extradition of criminals, signed at Washington on January 6, 
1902, extradition shall be granted also for the following crime or offense: 

Bribery, defined to be the offering, giving or receiving of bribes, when 
made punishable by the laws of the two contracting parties. 

Article III 

The present convention shall be considered as an integral part of the said 
extradition convention of January 6, 1902, and shall be ratified according 
to the respective laws of the two contracting parties. The ratifications shall 
be exchanged at Washington as soon as possible. 

In testimony whereof, the respective plenipotentiaries have signed the 
above articles, both in the English and Danish languages and have hereunto 
affixed their seals. 

Done in duplicate, at the City of Washington, this sixth day of November, 
nineteen hundred and five. 

Elihu Root [seal] 
C. Brun [seal] 



INDUSTRIAL DESIGNS AND MODELS 

Exchange of notes at Washington and Bar Harbor, Maine, June 22 

and 26, 1906 
Entered into force June 26, 1906 

Treaty Series 483 

The Acting Secretary of State to the Danish Minister 

Department of State 
no. C29 Washington, June 22, 1906 

Sir: 

I have the honor to acknowledge the receipt of your note of the 8th instant, 
in which you state that your Government instructs you to propose to the 
Department that the Government of the United States declare formally, in a 
note addressed to your legation, that, under the laws of the United States, it 
is not necessary, in order to secure the protection of Danish industrial designs 
or models, that the articles they represent shall be manufactured in the 
United States. 

In return for such a declaration you announce your willingness to declare, 
under authority already received from your Government, that the Govern- 
ment of the King will promulgate a royal ordinance by which, under the law 
of April 1, 1905, § 1 1 i. f., exemption from Rule No. 4 of § 11, relating to 
the requirement that the corresponding articles shall be manufactured in 
Denmark, shall be granted to American industrial drawings or models as 
long as the said laws of the United States on the subject shall remain 
unchanged. 

In reply I have the honor to inform you that this Government is willing 
to make, and does hereby formally make, the declaration cited above on 
the condition proposed by you. 

Accept, etc., 

Robert Bacon, 

Acting Secretary 

Mr. Constantin Brun, 
Etc., Etc., Etc. 

45 



46 DENMARK 

The Danish Minister to the Secretary of State 
[translation] 

Legation of Denmark 
Bar Harbor, Me., June 26, 1906 

Mr. Secretary of State: 

I have the honor to acknowledge the receipt of your excellency's note No. 
629, of the 22d instant, by which Mr. Robert Bacon, Acting Secretary of 
State, was so good as to make, on the condition proposed by me, the formal 
declaration that, under the laws of the United States, it is not necessary, 
in order to secure the protection of Danish industrial designs or models, that 
the articles they represent shall be manufactured in the United States. 

In return for that declaration and conformably to the condition proposed 
by me, I hasten, by virtue of an authorization received from the Royal Min- 
istry of Foreign Affairs, formally to declare that the Government of the King 
will cause to be promulgated a royal ordinance by which, under the law of 
April 1, 1905, § 11 i. f., exemption from the rule in § 11, No. 4, relative 
to the requirement that corresponding articles shall be manufactured in 
Denmark, shall be granted to industrial designs or models from the United 
States as long as the laws of the United States relative to the matter under 
consideration shall remain unchanged. 

I shall have the honor to transmit the text of the royal ordinance to your 
excellency immediately upon its promulgation. 1 

Be pleased to accept, etc., 

C. Brun 



1 The royal ordinance was promulgated Aug. 14, 1906. 



PROTECTION OF TRADEMARKS IN CHINA 

Exchange of notes at Washington March 19 and 25, May 27, and June 

12, 1907 
Entered into force June 12, 1907 
Became obsolete May 20, 1943 1 

Treaty Series 487 
The Danish Minister to the Secretary of State 

[translation] 

Legation of Denmark 
Washington, D.G., March 19, 1907 

Mr. Secretary of State : By order of my Government I have the honor 
to beg that Your Excellency will kindly let me know whether the Government 
of the United States would be disposed to conclude an arrangement with 
the Government of the King for the reciprocal protection in China of the 
trade-marks of the citizens of our two countries when the said trade-marks 
are duly registered in the country of the infringer. 

Should the Government of the United States be disposed to conclude 
such an arrangement, the King's Government would take the necessary 
measures to have Danish subjects who would infringe in China an American 
trade-mark duly registered in Denmark, brought before the Danish Consular 
Court at Shanghai and eventually punished in accordance with the provi- 
sions of the law of Denmark. 

The Government of the King would expect the Government of the United 
States to take similar measures in regard to American citizens who might 
violate in China the privilege of a Danish subject whose trade-mark is duly 
registered in the United States. 



1 Date on which the United States relinquished extraterritorial rights in China, pursuant 
to treaty of Jan. 1 1, 1943 (TS 984, ante, vol. 6, p. 739, CHINA) . 

47 



48 DENMARK 

I am authorized to add that my Government would be very glad if such 
an arrangement could be effected by means of an exchange of notes between 
Your Excellency and me. 

Hoping that Your Excellency will see no objection to assenting to this 
proposal of my Government, I beg you to accept, Mr. Secretary of State, 
the renewed assurance of my high consideration. 

C. Brun 



The Secretary of State to the Danish Minister 

Department of State, 
no. 671 Washington, March 25, 1907 

Sir : I have the honor to acknowledge the receipt of your note of the 1 9th 
instant, in which, by order of your Government, you inquire whether the 
Government of the United States would be disposed to conclude with that of 
Denmark an arrangement by an exchange of notes for the reciprocal protec- 
tion in China of trade-marks of the citizens of either country from infringe- 
ment by citizens of the other when the said trade-marks are duly registered in 
the country of the infringer. 

By this agreement Danish subjects infringing in China an American trade- 
mark duly registered in Denmark would, you state, be brought before the 
Danish Consular Court at Shanghai and eventually punished in accordance 
with the provisions of the law of Denmark, and the Government of the King 
would expect the Government of the United States to take similar measure 
in regard to American citizens who might violate in China the privilege of 
a Danish subject whose trade-mark is duly registered in the United States. 

The agreement proposed by your Government is in line with the agree- 
ments which have been effected by exchange of notes between the Minister 
of the United States at Peking and the diplomatic representatives there of 
certain other countries. 

It is to be pointed out, however, that in view of the fact that there is no 
statute in the United States making the infringement — counterfeiting, etc., 
of a trade-mark — a criminal offense, and that effectual provision exists by a 
civil action for damages by the owner of a trade-mark, the word "punish- 
ment" is to be understood, with respect to the United States, to refer to a 
civil action only and not to a criminal procedure. 

If this explanation, which has been made in the case of each of the agree- 
ments mentioned above, is satisfactory to your Government, I shall be pleased 
to make the exchange of notes with you. 

Accept, Mr. Minister, the renewed assurances of my highest consideration. 

Elihu Root 



TRADEMARKS IN CHINA— MARCH 19-JUNE 12, 1907 49 

The Danish Charge d'Affaires to the Secretary of State 

[TRANSLATION] 

Danish Legation 

May 27, 1907 

Mr. Secretary of State: Referring to note No. 671, which Your Ex- 
cellency had the kindness to address to the legation on March 25 last, I have 
the honor, by order of my Government, to inform you that the necessary 
instructions have been sent to the Danish consul at Shanghai (the consular 
headquarters for the whole of China) in order to authorize him to protect 
American trade-marks, duly deposited in Denmark, against violations by 
Danish subjects in China, to the same extent as Danish marks of the same 
nature are protected. 

The law which the Danish court at Shanghai is called upon to enforce 
in the premises is the Danish law of April 11, 1890, amended by the law 
of December 19, 1898, and the ordinances of September 28, 1894, and 
September 12, 1902. 

Hoping to receive a note informing me that the diplomatic and consular 
officers of the United States in the Middle Kingdom have had the necessary 
instructions sent to them in order to insure reciprocity by granting the pro- 
tection of the United States Consular Courts in China to Danish subjects 
against American citizens who have counterfeited Danish trade-marks regu- 
larly deposited in the United States, I beg of you, Mr. Secretary of State, 
to accept the renewed asurance of my highest consideration. 

J. Clan 



The Secretary of State to the Danish Charge d'Affaires 

Department of State 
no. 694 Washington, June 12, 1907 

Sir: I have the honor to acknowledge the receipt of your note of the 27th 
ultimo by which you inform me that in pursuance of the understanding 
reached by the correspondence which passed between the Danish legation 
and the Department of State on March 19 and 25, 1907, the necessary in- 
structions have been sent to the Danish consul at Shanghai (the consular 
headquarters for the whole of China) in order to authorize him to protect 
American trade-marks, duly deposited in Denmark, against violations by 
Danish subjects in China, to the same extent as Danish marks of the nature 
are protected. 

As a completion of the exchange of notes to give the said understanding 
effect, I have the honor to inform you that, on the part of the United States, 



50 DENMARK 

the Minister of the United States at Peking has this day been instructed to 
inform the consular officers of the United States in China that hereafter 
trade-marks of Danish subjects, which have been duly registered in the 
United States, are to be protected against infringement by such persons as 
come under the jurisdiction of the United States Consular Courts in China. 
Accept, sir, the renewed assurances of my high consideration. 

Elihu Root 



ARBITRATION 

Convention signed at Washington May 18, 1908 

Senate advice and consent to ratification May 20, 1908 

Ratified by the President of the United States January 8, 1909 

Ratified by Denmark February 15, 1909 

Ratifications exchanged at Washington March 29, 1909 

Entered into force March 29, 1909 

Proclaimed by the President of the United States March 29, 1909 

Expired March 29, 1914 

36 Stat. 2151; Treaty Series 520 

The Government of the United States of America and His Majesty the 
King of Denmark, signatories of the Convention for the pacific settlement of 
international disputes, concluded at The Hague on the 29th July, 1899; 1 

Taking into consideration that by Article XIX of that Convention the 
High Contracting Parties have reserved to themselves the right of concluding 
Agreements, with a view to referring to arbitration all questions which they 
shall consider possible to submit to such treatment; 

Have authorized the Undersigned to conclude the following arrangement : 

Article I 

Differences which may arise of a legal nature, or relating to the inter- 
pretation of treaties existing between the two Contracting Parties, and which 
it may not have been possible to settle by diplomacy, shall be referred to the 
Permanent Court of Arbitration established at The Hague by the Convention 
of the 29th July, 1899, provided, nevertheless, that they do not affect the 
vital interests, the independence, or the honor of the two Contracting States, 
and do not concern the interests of third Parties. 

Article II 

In each individual case the High Contracting Parties, before appealing to 
the Permanent Court of Arbitration shall conclude a special Agreement 
defining clearly the matter in dispute, the scope of the powers of the Arbi- 
trators, and the periods to be fixed for the formation of the Arbitral Tribunal 
and the several stages of the procedure. It is understood that such special 

1 TS 392, ante, vol. l,p. 230. 

51 

259-333—71 5 



52 DENMARK 

agreements on the part of the United States will be made by the President of 
the United States, by and with the advice and consent of the Senate thereof, 
and on the part of Denmark by the King in such forms and conditions as He 
may find requisite or appropriate. 

Article III 

The present Convention is concluded for a period of five years, dating from 
the day of the exchange of the ratifications. 

Article IV 

The present Convention shall be ratified by the President of the United 
States of America, by and with the advice and consent of the Senate thereof ; 
and by His Majesty the King of Denmark. 

The ratifications of this Convention shall be exchanged at Washington as 
soon as possible, and it shall take effect on the date of the exchange of its 
ratifications. 

Done in duplicate in the English and Danish languages, at Washington, 
this 18th day of May in the year 1908. 

Robert Bacon [seal] 
C. Brun [seal] 



ADVANCEMENT OF PEACE 

Treaty signed at Washington April 17, 1914 

Senate advice and consent to ratification September 30, 1914 

Ratified by Denmark November 21, 1914 

Ratified by the President of the United States January 14, 1915 

Ratifications exchanged at Washington January 19, 1915 

Entered into force January 19, 1915 

Proclaimed by the President of the United States January 20, 1915 

38 Stat. 1883; Treaty Series 608 

The United States of America and His Majesty the King of Denmark 
being desirous to strengthen the bonds of amity that bind them together and 
also to advance the cause of general peace, have resolved to enter into a treaty 
for that purpose and to that end have appointed as their plenipotentiaries: 

The President of the United States: The Honorable William Jennings 
Bryan, Secretary of State ; and 

His Majesty the King of Denmark : Mr. Constantin Brun, His Chamber- 
lain and Envoy Extraordinary and Minister Plenipotentiary to the United 
States ; 

Who, after having communicated to each other their respective full 
powers, found to be in proper form, have agreed upon the following articles : 

Article I 

The High Contracting Parties agree that all disputes between them, of 
every nature whatsoever, which diplomacy shall fail to adjust, shall be sub- 
mitted for investigation and report to an International Commission, to be 
constituted in the manner prescribed in the next succeeding article; and they 
agree not to declare war or begin hostilities during such investigation and 
report. 

Article II 

The International Commission shall be composed of five members, to be 
appointed as follows: One member shall be chosen from each (country, by 
the Covernment thereof; one member shall be chosen by each Government 
from some third country; the fifth member shall be chosen by common 

53 



54 DENMARK 

agreement between the two Governments. It is understood that the fifth 
member of the Commission shall not be a citizen of either country. The 
expenses of the Commission shall be paid by the two Governments in equal 
proportion. 

The International Commission shall be appointed within four months after 
the exchange of the ratifications of this treaty; and vacancies shall be filled 
according to the manner of the original appointment. 

Unless otherwise agreed between the parties the procedure of the Inter- 
national Commission shall be regulated by the prescriptions contained in the 
Convention signed at The Hague on October 18, 1907, 1 for the peaceful 
settlement of international disputes, Chapter III. 

Article III 

In case the High Contracting Parties shall have failed to adjust a dispute 
by diplomatic methods, they shall at once refer it to the International Com- 
mission for investigation and report. The International Commission may, 
however, act upon its own initiative, and in such case it shall notify both 
Governments and request their cooperation in the investigation. 

The High Contracting Parties agree to furnish the Permanent Interna- 
tional Commission with all the means and facilities required for its investi- 
gation and report. 

The report of the International Commission shall be completed within 
one year after the date on which it shall declare its investigation to have 
begun, unless the High Contracting Parties shall extend the time by mutual 
agreement. The report shall be prepared in triplicate ; one copy shall be pre- 
sented to each Government, and the third retained by the Commission for its 
files. 

Article IV 

The High Contracting Parties agree that, upon the receipt of the report of 
the International Commission as provided in Article III, they will immedi- 
ately endeavor to adjust the dispute directly between them upon the basis 
of the Commission's findings. The High Contracting Parties, however, 
reserve the right to act independently on the subject matter of the dispute 
after the report of the Commission shall have been submitted. 

Article V 

The present treaty shall be ratified by the President of the United States 
of America, by and with the advice and consent of the Senate thereof, and by 
His Majesty the King of Denmark. 

The ratifications shall be exchanged at Washington as soon as possible. It 
shall take effect immediately after the exchange of ratifications, and shall 



1 TS 536, ante, vol. 1, p. 577. 



ADVANCEMENT OF PEACE— APRIL 17, 1914 55 

continue in force for a period of five years ; and it shall thereafter remain in 
force until twelve months after one of the High Contracting Parties shall 
have given notice to the other of an intention to terminate it. 

In witness whereof the respective plenipotentiaries have signed the present 
treaty and have affixed thereunto their seals. 

Done in duplicate in the English and Danish languages at Washington 
this 17th day of April, in the year 1914. 

William Jennings Bryan [seal] 
C. Brun [seal] 



CESSION OF DANISH WEST INDIES 

Convention and United States declaration signed at New York 
August 4, 1916; exchange of notes at Washington January 3, 1917 

Senate advice and consent to ratification, with an understanding and a 
condition, September 7, 1916 1 

Ratified by Denmark December 22, 1916 

Ratified by the President of the United States, with an understanding 
and a condition, January 16, 1917 1 

Ratifications exchanged at Washington January 17, 1917 

Entered into force January 17, 1917 

Proclaimed by the President of the United States January 25, 1917 

39 Stat. 1706 ; Treaty Series 629 

Convention 

The United States of America and His Majesty the King of Denmark 
being desirous of confirming the good understanding which exists between 
them, have to that end appointed as Plenipotentiaries : 

The President of the United States : 

Mr. Robert Lansing, Secretary of State of the United States, 

and His Majesty the King of Denmark : 

Mr. Constantin Brun, His Majesty's Envoy extraordinary and Minister 
plenipotentiary at Washington, 

who, having mutually exhibited their full powers which were found to be 
in due form, have agreed upon the following articles : 

Article 1 

His Majesty the King of Denmark by this convention cedes to the United 
States all territory, dominion and sovereignty, possessed, asserted or claimed 
by Denmark in the West Indies including the Islands of Saint Thomas, Saint 
John and Saint Croix together with the adjacent islands and rocks. 

This cession includes the right of property in all public, government, or 
crown lands, public buildings, wharves, ports, harbors, fortifications, barracks, 
public funds, rights, franchises, and privileges, and all other public property 



1 For text of U.S. understanding and condition, see exchange of notes, p. 62. 

56 



CESSION OF DANISH WEST INDIES— AUG. 4, 1916 AND JAN. 3, 1917 57 

of every kind or description now belonging to Denmark together with all 
appurtenances thereto. 

In this cession shall also be included any government archives, records, 
papers or documents which relate to the cession or the rights and property 
of the inhabitants of the Islands ceded, and which may now be existing either 
in the Islands ceded or in Denmark. Such archives and records shall be 
carefully preserved, and authenticated copies thereof, as may be required 
shall be at all times given to the United States Government or the Danish 
Government, as the case may be, or to such properly authorized persons as 
may apply for them. 

Article 2 

Denmark guarantees that the cession made by the preceding article is 
free and unencumbered by any reservations, privileges, franchises, grants, or 
possessions, held by any governments, corporations, syndicates, or individuals, 
except as herein mentioned. But it is understood that this cession does not in 
any respect impair private rights which by law belong to the peaceful posses- 
sion of property of all kinds by private individuals of whatsoever nationality, 
by municipalities, public or private establishments, ecclesiastical or civic 
bodies, or any other associations having legal capacity to acquire and possess 
property in the Islands ceded. 

The congregations belonging to the Danish National Church shall retain 
the undisturbed use of the churches which are now used by them, together 
with the parsonages appertaining thereunto and other appurtenances, includ- 
ing the funds allotted to the churches. 

Article 3 

It is especially agreed, however, that : 

1 ) The arms and military stores existing in the Islands at the time of 
the cession and belonging to the Danish Government shall remain the prop- 
erty of that Government and shall, as soon as circumstances will permit, be 
removed by it, unless they, or parts thereof, may have been bought by the 
Government of the United States; it being however understood that flags 
and colors, uniforms and such arms or military articles as are marked as 
being the property of the Danish Government shall not be included in such 
purchase. 

2) The movables, especially silver plate and pictures which may be 
found in the government buildings in the islands ceded and belonging to 
the Danish Government shall remain the property of that Government and 
shall, as soon as circumstances will permit, be removed by it. 

3) The pecuniary claims now held by Denmark against the colonial 
treasuries of the islands ceded are altogether extinguished in consequence of 
this cession and the United States assumes no responsibility whatsoever for 
or in connection with these claims. Excepted is however the amount due to the 



58 DENMARK 

Danish Treasury in account current with the West-Indian colonial treasuries 
pursuant to the making up of accounts in consequence of the cession of the 
islands; should on the other hand this final accounting show a balance in 
favour of the West-Indian colonial treasuries, the Danish Treasury shall pay 
that amount to the colonial treasuries. 

4) The United States will maintain the following grants, concessions 
and licenses, given by the Danish Government, in accordance with the terms 
on which they are given : 

a. The concession granted to "Det vestindiske Kompagni" (the West- 
Indian Company) Ltd. by the communications from the Ministry of Finance 
of January 18th 1913 and of April 16th 1913 relative to a license to embank, 
drain, deepen and utilize certain areas in St. Thomas Harbor and preferen- 
tial rights as to commercial, industrial or shipping establishments in the said 
Harbor. 

b. Agreement of August 10th and 14th, 1914 between the municipality 
of St. Thomas and St. John and "Det vestindiske Kompagni" Ltd. relative 
to the supply of the city of Charlotte Amalie with electric lighting. 

c. Concession of March 12th 1897 to "The Floating Dock Company of 
St. Thomas Ltd.", subsequently transferred to "The St. Thomas Engineering 
and Coaling Company Ltd." relative to a floating dock in St. Thomas 
Harbor, in which concession the maintenance, extension, and alteration of 
the then existing repairing slip are reserved. 

d. Royal Decree Nr. 79 of November 30th 1914 relative to the subsidies 
from the colonial treasuries of St. Thomas and Sainte Croix to "The West 
India and Panama Telegraph Company Ltd." 

e. Concession of November 3rd, 1906, to K. B. Hey to establish and 
operate a telephone system on St. Thomas island, which concession has sub- 
sequently been transferred to the "St. Thomas Telefonselskab" Ltd. 

f. Concession of February 28th 1913 to the municipality of Sainte Croix 
to establish and operate a telephone system in Sainte Croix. 

g. Concession of July 16th 1915 to Ejnar Svendsen, an Engineer, for 
the construction and operation of an electric light plant in the city of Chris- 
tiansted, Sainte Croix. 

h. Concession of June 20th 1904 for the establishment of a Danish West- 
Indian bank of issue. This bank has for a period of 30 years acquired the 
monopoly to issue bank-notes in the Danish West-India islands against the 
payment to the Danish Treasury of a tax amounting to ten percent of its 
annual profits. 

i. Guarantee according to the Danish supplementary Budget Law for 
the financial year 1908-1909 relative to the St. Thomas Harbor's four per- 
cent loan of 1910. 

5 ) Whatever sum shall be due to the Danish Treasury by private indi- 
viduals on the date of the exchange of ratifications are reserved and do not 



CESSION OF DANISH WEST INDIES— AUG. 4, 1916 AND JAN. 3, 1917 59 

pass by this cession; and where the Danish Government at that date holds 
property taken over by the Danish Treasury for sums due by private indi- 
viduals, such property shall not pass by this cession, but the Danish Govern- 
ment shall sell or dispose of such property and remove its proceeds within 
two years from the date of the exchange of ratifications of this convention; 
the United States Government being entitled to sell by public auction, to the 
credit of the Danish Government, any portion of such property remaining 
unsold at the expiration of the said term of two years. 

6 ) The Colonial Treasuries shall continue to pay the yearly allowances 
now given to heretofore retired functionaries appointed in the islands but 
holding no Royal Commissions, unless such allowances may have until now 
been paid in Denmark. 

Article 4 

The Danish Government shall appoint with convenient despatch an agent 
or agents for the purpose of formally delivering to a similar agent or agents 
appointed on behalf of the United States, the territory, dominion, property, 
and appurtenances which are ceded hereby, and for doing any other act 
which may be necessary in regard thereto. Formal delivery of the territory 
and property ceded shall be made immediately after the payment by the 
United States of the sum of money stipulated in this convention; but the 
cession with the right of immediate possession is nevertheless to be deemed 
complete on the exchange of ratifications of this convention without such 
formal delivery. Any Danish military or naval forces which may be in the 
islands ceded shall be withdrawn as soon as may be practicable after the 
formal delivery, it being however understood that if the persons constituting 
these forces, after having terminated their Danish service, do not wish to 
leave the Islands, they shall be allowed to remain there as civilians. 

Article 5 

In full consideration of the cession made by this convention, the United 
States agrees to pay, within ninety days from the date of the exchange of the 
ratifications of this convention, in the City of Washington to the diplomatic 
representative or other agent of His Majesty the King of Denmark duly 
authorized to receive the money, the sum of twenty-five million dollars in 
gold coin of the United States. 

Article 6 

Danish citizens residing in said islands may remain therein or may remove 
therefrom at will, retaining in either event all their rights of property, in- 
cluding the right to sell or dispose of such property or its proceeds; in case 
they remain in the Islands, they shall continue until otherwise provided, to 
enjoy all the private, municipal and religious rights and liberties secured to 
them by the laws now in force. If the present laws are altered, the said inhabi- 

259-333—71 6 



60 DENMARK 

tants shall not thereby be placed in a less favorable position in respect to the 
above mentioned rights and liberties than they now enjoy. Those, who remain 
in the islands may preserve their citizenship in Denmark by making before 
a court of record, within one year from the date of the exchange of ratifica- 
tions of this convention, a declaration of their decision to preserve such citi- 
zenship ; in default of which declaration they shall be held to have renounced 
it, and to have accepted citizenship in the United States; for children under 
eighteen years the said declaration may be made by their parents or guardians. 
Such election of Danish citizenship shall however not, after the lapse of the 
said term of one year, be a bar to their renunciation of their preserved Danish 
citizenship and their election of citizenship in the United States and admis- 
sion to the nationality thereof on the same terms as may be provided accord- 
ing to the laws of the United States, for other inhabitants of the islands. 

The civil rights and the political status of the inhabitants of the islands 
shall be determined by the Congress, subject to the stipulations contained in 
the present convention. 

Danish citizens not residing in the islands but owning property therein at 
the time of the cession, shall retain their rights of property, including the 
right to sell or dispose of such property, being placed in this regard on the 
same basis as the Danish citizens residing in the islands and remaining therein 
or removing therefrom, to whom the first paragraph of this article relates. 

Article 7 

Danish subjects residing in the Islands shall be subject in matters civil as 
well as criminal to the jurisdiction of the courts of the Islands, pursuant to 
the ordinary laws governing the same, and they shall have the right to appear 
before such courts, and to pursue the same course therein as citizens of the 
country to which the courts belong. 

Article 8 

Judicial proceedings pending at the time of the formal delivery in the 
islands ceded shall be determined according to the following rules : 

( 1 ) Judgments rendered either in civil suits between private individuals, 
or in criminal matters, before the date mentioned, and with respect to which 
there is no recourse or right to review under Danish law, shall be deemed 
to be final, and shall be executed in due form and without any renewed trial 
whatsoever, by the competent authority in the territories within which such 
judgments are to be carried out. 

If in a criminal case a mode of punishment has been applied which, ac- 
cording to new rules, is no longer applicable on the islands ceded after 
delivery, the nearest corresponding punishment in the new rules shall be 
applied. 



CESSION OF DANISH WEST INDIES— AUG. 4, 1916 AND JAN. 3, 1917 61 

(2) Civil suits or criminal actions pending before the first courts, in 
which the pleadings have not been closed at the same time, shall be confirmed 
before the tribunals established in the ceded islands after the delivery, in 
accordance with the law which shall thereafter be in force. 

(3) Civil suits and criminal actions pending at the said time before the 
Superior Court or the Supreme Court in Denmark shall continue to be 
prosecuted before the Danish courts until final judgment according to the 
law hitherto in force. The judgment shall be executed in due form by the 
competent authority in the territories within which such judgment should 
be carried out. 

Article 9 

The rights of property secured by copyrights and patents acquired by 
Danish subjects in the Islands ceded at the time of exchange of the ratifica- 
tions of this treaty, shall continue to be respected. 

Article 10 

Treaties, conventions and all other international agreements of any nature 
existing between Denmark and the United States shall eo ipso extend, in 
default of a provision to the contrary, also to the ceded islands. 

Article 11 

In case of differences of opinion arising between the High Contracting 
Parties in regard to the interpretation or application of this convention, such 
differences, if they cannot be regulated through diplomatic negotiations, shall 
be submitted for arbitration to the permanent Court of Arbitration at the 
Hague. 

Article 12 

The ratifications of this convention shall be exchanged at Washington as 
soon as possible after ratification by both of the High Contracting Parties 
according to their respective procedure. 

In faith whereof the respective plenipotentiaries have signed and sealed 
this convention, in the English and Danish languages. 

Done at New York this fourth day of August, one thousand nine hundred 
and sixteen. 

Robert Lansing [seal] 
C. Brun [seal] 

United States Declaration 

In proceeding this day to the signature of the Convention respecting the 
cession of the Danish West-Indian Islands to the United States of America, 
the undersigned Secretary of State of the United States of America, duly 



62 DENMARK 

authorized by his Government, has the honor to declare that the Govern- 
ment of the United States of America will not object to the Danish Govern- 
ment extending their political and economic interests to the whole of 
Greenland. 

Robert Lansing 

New York, August 4, 1916 

Exchange of Notes 

The Secretary of State to the Danish Minister 

Department of State 
Washington, January 3, 1917 

Sir: 

I have the honor to inform you that the Senate of the United States by its 
resolution of ratification has advised and consented to the ratification of the 
convention between the United States and Denmark, ceding to the United 
States the Danish West Indian Islands, with the following provisos : 

"Provided, however, That it is declared by the Senate that in advising 
and consenting to the ratification of the said convention, such advice and 
consent are given with the understanding, to be expressed as a part of the in- 
strument of ratification, that such Convention shall not be taken and con- 
strued by the High Contracting Parties as imposing any trust upon the United 
States with respect to any funds belonging to the Danish National Church in 
the Danish West Indian Islands, or in which the said church may have an in- 
terest, nor as imposing upon the United States any duty or responsibility 
with respect to the management of any property belonging to said church, 
beyond protecting said church in the possession and use of church property 
as stated in said Convention, in the same manner and to the same extent 
only as other churches shall be protected in the possession and use of their 
several properties. And provided further, that the Senate advises and consents 
to the ratification of the said Convention on condition that the attitude of 
the United States in this particular, as set forth in the above proviso, be made 
the subject of an exchange of notes between the Governments of the two 
High Contracting Parties, so as to make it plain that this condition is under- 
stood and accepted by the two Governments, the purpose hereof being to 
bring the said Convention clearly within the Constitutional powers of the 
United States with respect to church establishment and freedom of religion." 

In view of this resolution of the Senate I have the honor to state that it is 
understood and accepted by the Government of the United States and the 
Government of Denmark that the provisions of this Convention referring to 
the property and funds belonging to the Danish National Church in the 



CESSION OF DANISH WEST INDIES— AUG. 4, 1916 AND JAN. 3, 1917 63 

Danish West Indian Islands shall not be taken and construed by the High 
Contracting Parties as imposing any trust upon the United States with respect 
to any funds belonging to the Danish National Church in the Danish West 
Indian Islands, or in which the said church may have an interest nor as 
imposing upon the United States any duty or responsibility with respect to 
the management of any property belonging to said church, beyond protecting 
said church in the possession and use of church property as stated in said Con- 
vention, in the same manner and to the same extent only as other churches 
shall be protected in the possession and use of their several properties. 

I trust that your Government will in a formal reply to this communication 
accept this understanding as to the meaning and construction of the provi- 
sions of said Convention in accordance with the foregoing resolution of the 
Senate. 

Accept, Sir, the renewed assurances of my highest consideration. 

Robert Lansing 

Mr. CONSTANTIN BrUN, 

Minister of Denmark. 



The Danish Minister to the Secretary of State 

The Danish Legation 

Washington, D.C. 

January 3rd 1917 
Sir: 

In reply to your communication of this day concerning the relation of 
the United States to the rights of the Established Church in the Danish West 
Indies and to the provisions referring to this point in the convention between 
the United States and Denmark ceding to the States the Danish Westindian 
Islands, I have the honour to state that it is understood and accepted by the 
Government of Denmark and the Government of the United States that the 
provisions of this convention referring to the property and funds belonging 
to the Danish National Church in the Danish Westindian Islands shall not 
be taken and construed by the high contracting parties as imposing any trust 
upon the United States with respect to any funds belonging to the Danish 
National Church in the Danish Westindian Islands or in which the said 
Church may have an interest nor as imposing upon the United States any 
duty or responsibility with respect to the management of any property belong- 
ing to said church beyond protecting said church in the possession and use of 
church property as stated in said convention in the same manner and to the 
same extent only as other churches shall be protected in the possession and 
use of their several properties. 

It will be evident from the above that the Danish Government accept the 
understanding as to the meaning and construction of the provisions of the 



64 DENMARK 

said convention in accordance with the resolution of the United States' Senate 
concerning the question of the rights of the Church in the Islands. 
I have the honor to be, Sir, with the highest consideration, 
Your most obedient and humble servant, 

C. Brun 
The Honorable 

Robert Lansing, 

Secretary of State of the United States. 



DOUBLE TAXATION: SHIPPING PROFITS 

Exchanges of notes at Washington May 22, August 9 and 18, October 

24, 25, and 28, and December 5 and 6, 1922 
Entered into force December 6, 1922; operative from January 1 , 1921 

47 Stat. 2612; Executive Agreement Series 14 

The Danish Minister to the Secretary of State 

Royal Danish Legation 
no. 157 Washington, May 22, 1922 

Sir: 

With reference to your letter of December 21, 1921 regarding Section 
213 b No. 8 of the Revenue Act of November 23, 1921, I am directed to 
inform you that the Danish Government will be ready to declare in a note to 
the Government of the United States that the income of a nonresident alien 
or foreign corporation which consists of earnings derived from the operation of 
ships documented under the laws of the United States will on condition of 
reciprocity not be subject to taxation in Denmark. 

I am further instructed to express to you the hope, that the United States 
Government may find it possible to extend the tax exemption in the case of 
Danish shipowners to include also the years 1917-1920, in which case the 
Danish Government will be prepared to draft the above named note to the 
American Government accordingly. 

I have the honor to add that I am authorized to make the same statement 
on behalf of the Government of Iceland and I beg that my present com- 
munication may be considered as an expression also of the intention and desire 
of the Government of Iceland. 1 

I venture to hope that this proposition may be found satisfactory and that 
you will be able to consent to the exchange of notes referred to above at your 
earliest convenience. 



'Terminated for Iceland Jan. 1, 1962, by agreement between the United States and 
Iceland dated Dec. 21 and 27, 1962 (13 UST 3827; TIAS 5255). 

65 



66 DENMARK 

I have the honor to be, Sir, with the highest consideration, 
Your most obedient and humble servant, 

C. Brun 

The Honorable 

Charles Evans Hughes, 
Secretary of State, 

Department of State, Washington, D. C. 



The Secretary of State to the Danish Minister 

Department of State 
Washington, August 9, 1922 

Sir: 

I have the honor to refer further to your note of May 22, 1922, in which 
you refer to Section 213 (6) (8) of the Revenue Act of 1921, providing for 
the exemption from taxation of the income of a non-resident alien or foreign 
corporation which consists of earnings derived from the operation of ships 
documented under the laws of a foreign country which grants an equivalent 
exemption to citizens of the United States, and state that your Government 
is prepared to declare to the Government of the United States that the 
income of a non-resident alien or foreign corporation which consists of earn- 
ings derived from the operation of ships documented under the laws of the 
United States will, on the condition of reciprocity, not be subject to taxation 
in Denmark or Iceland. You express the hope that it may be possible for 
this Government to extend the income tax exemption in question, on the 
basis of reciprocity, to the years 1 9 1 7 to 1 920, inclusive. 

I have the honor to state that in order to establish between the United 
States and Denmark and the United States and Iceland the reciprocal income 
tax exemption provided for in Section 2 1 3 ( b ) ( 8 ) of the Revenue Act of 
1921, it will be necessary for the Danish Government to declare that the 
income from sources in Denmark and Iceland of a citizen of the United States 
or of an American corporation which consists exclusively of earnings derived 
from the operation of ships documented under the laws of the United States 
is not subject to income taxation in Denmark or in Iceland. Upon the receipt 
of a note to this effect from the Danish Government this Government will 
declare, in a note to the Danish Government, that Denmark and Iceland 
satisfy the equivalent exemption provision of Section 2 1 3 ( b ) ( 8 ) of the 
Revenue Act of 1921. 

I may state that in the statutes now in force no provision is made for the 
exemption from taxation by this Government of the income derived from 
the operation of foreign ships prior to January 1, 1921, and that the appro- 
priate authorities advise the Department that they cannot see their way 



SHIPPING PROFITS— MAY 22-DECEMBER 6, 1922 67 

clear to recommend to Congress a modification of these statutes so as to 
provide for the exemption of Danish and Icelandic shipowners from the 
payment of income taxes for the years 1917 to 1920 inclusive. 
Accept, Sir, the renewed assurances of my highest consideration. 



Charles E. Hughes 



Mr. CONSTANTIN BRUN, 

Minister of Denmark. 



The Danish Minister to the Secretary of State 

Royal Danish Legation 
no. 23c Washington, August 18, 1922 

Sir: 

By my letter of August 12th (No. 230) regarding an exchange of notes 
between the Government of Denmark and the Government of the United 
States for the reciprocal exemption of shipowners from income tax, I stated 
it to be the understanding of the Danish Government that this exemption 
when established would be as from January 1st 1921, notwithstanding the 
fact that the actual exchange of notes can not be arranged for until some 
time hence because the conditions stated in your note to me of August 9th 
must first be brought to the knowledge of the Danish Government. 

I would be greatly obliged to you if you would be so good as to confirm to 
me the correctness of the above named understanding. 

I have the honor to be, Sir, with the highest consideration, 
Your most obedient and humble servant, 

C. Brun 

The Honorable 

Charles Evans Hughes, 
Secretary of State, 

Department of State, Washington, D. C. 



The Danish Minister to the Secretary of State 

Royal Danish Legation 
no. 284 Washington, October 24th 1922 

Sir: 

With further reference to your reply-note of August 9th 1922 relative 
to the reciprocal exemption of shipowners from income tax as from Janu- 
ary 1st 1921, in accordance with Section 213 b 8 of the Revenue Act of 1921, 



68 DENMARK 

and pursuant to instructions now received from the Danish Minister of For- 
eign Affairs, I have the honor to declare on behalf of the Danish Government 
that the income from sources in Denmark and Iceland of a citizen of the 
United States or of an American corporation, which consists exclusively of 
earnings derived from the operation of ships documented under the laws of 
the United States, is not subject to income taxation in Denmark or in Iceland. 

In these circumstances I venture to hope that you will state in a note to 
me, for the information of the Danish Government, that Denmark and Ice- 
land satisfy the equivalent exemption provision of Section 213 b 8 of the 
Revenue Act of 1921 and that Danish and Icelandic shipowners will be ex- 
empted from income tax in the United States as provided in the said Section 
as from January 1st 1921, in accordance with the letter (No. 236) which I 
had the honor to address to you on August 1 8th 1922. 

I have the honor to be, Sir, with the highest consideration, 
Your most obedient and humble servant, 



C. Brun 



The Honorable 

Charles Evans Hughes, 
Secretary of State, 

Department of State, Washington, D. 



The Secretary of State to the Danish Minister 

Department of State 
Washington, October 25, 1922 

Sir: 

I have the honor to refer to your note of August 18, 1922, in which, with 
reference to the proposed exchange of notes between the United States and 
Denmark for the reciprocal exemption of ship owners from income taxation, 
you request the Department to confirm the understanding of the Danish 
Government that this exemption, when established, would be as from January 
1 , 1921, notwithstanding the fact that the actual exchange of notes can not be 
arranged until some later date. 

I have the honor to state that upon receipt of a note from the Danish 
Government declaring that the income from sources in Denmark and Iceland 
of a citizen of the United States or of an American corporation, which 
consists exclusively of earnings derived from the operation of ships docu- 
mented under the laws of the United States, has since January 1 , 1921, not 
been subject to income taxation in Denmark, or in Iceland, the Treasury 
Department will issue a statement that Denmark and Iceland satisfy the 
equivalent exemption provision of Section 2 1 3 ( b ) ( 8 ) of the Revenue Act 



SHIPPING PROFITS— MAY 22-DECEMBER 6, 1922 69 

of 1921. In case income taxes have been collected by this Government from 
non-resident aliens or foreign corporations on income which consists exclu- 
sively of earnings derived since January 1, 1921, from the operation of ships 
documented under the laws of Denmark or Iceland, such taxes will be 
refunded to claimants. 

Accept, Sir, the renewed assurances of my highest consideration. 

For the Secretary of State : 

William Phillips 

Mr. CONSTANTIN BrUN, 

Minister of Denmark. 

The Danish Minister to the Secretary of State 

Royal Danish Legation 
No 290 Washington, October 28th 1922 

Sir: 

I have the honor to acknowledge the receipt of your reply-letter of October 
25th with reference to the proposed exchange of notes between Denmark 
and the United States for the reciprocal exemption of shipowners from 
income taxation, which has evidently crossed my note to you of October 24th 
on the same subject. 

In answer thereto I beg to state that the income from sources in Denmark 
and Iceland of a citizen of the United States or of an American corporation, 
which consists exclusively of earnings derived from the operation of ships 
documented under the laws of the United States, is not and has not since 
January 1st 1921 or previously been subject to income taxation in Denmark, 
or in Iceland, and that my letter to you of October 24th should be so 
understood. 

I have the honor to be, Sir, with the highest consideration, 
Your most obedient and humble servant, 



C. Brun 



The Honorable 

Charles Evans Hughes, 
Secretary of State, 

Department of State, Washington, D. C. 



The Secretary of State to the Danish Minister 

Department of State 

Washington 
Sir: 

I have the honor to refer to your note of October 28, 1922, in further 
reference to the proposed exchange of notes between the United States and 



70 DENMARK 

Denmark for the reciprocal exemption of ship owners from income taxation, 
for which provision is made in Section 213(6) (8) of the Revenue Act of 
1921, and to inform you of the receipt of a communication from the Treasury 
Department regarding the matter, from which the following paragraph is 
quoted for your information : 

"I have the honor to advise that inasmuch as the income from sources in 
Denmark and Iceland of a citizen of the United States or of a corporation 
organized therein which consists exclusively of earnings derived from the 
operation of ships documented under the laws of the United States is not 
and has not been subject to income tax since January 1, 1921 or previously, 
it is held that Denmark and Iceland satisfy the equivalent exemption provi- 
sion of Section 213(6) (8) of the Revenue Act of 1921. In case any Federal 
income taxes have been collected from nonresident aliens or foreign corpora- 
tions on income which consists exclusively of earnings derived on or since 
January 1, 1921, from the operation of ships documented under the laws 
of Denmark or Iceland, such taxes will be the proper subject of a claim for 
refund." 

Accept, Sir, the renewed assurances of my highest consideration. 

For the Secretary of State : 

William Phillips 



The Danish Minister to the Secretary of State 

Royal Danish Legation 
No- 331 Washington, December 6, 1922 

Sir: 

I have the honor to acknowledge the receipt of your reply-note (undated) 
received December 5th in which, with reference to my letter of October 28th 
1922, you state 

"that inasmuch as the income from sources in Denmark and Iceland of 
a citizen of the United States or of a corporation organized therein which 
consists exclusively of earnings derived from the operation of ships docu- 
mented under the laws of the United States is not and has not been subject to 
income tax since January 1, 1921 or previously, it is held that Denmark and 
Iceland satisfy the equivalent exemption provision of Section 213(6) (8) 
of the Revenue Act of 1921". 

and that 

"in case any Federal income taxes have been collected from nonresident 
aliens or foreign corporations on income which consists exclusively of earnings 



SHIPPING PROFITS— MAY 22-DECEMBER 6, 1922 71 

derived on or since January 1, 1921, from the operation of ships documented 
under the laws of Denmark or Iceland, such taxes will be the proper subject 
of a claim for refund". 

I have at once advised the Danish Government accordingly and beg to 
express my very great appreciation of your courteous assistance to arrive at 
the desired solution of this part of the taxation question. 

I have the honor to be, Sir, with the highest consideration, 
Your most obedient and humble servant, 



C. Brun 



The Honorable 

Charles Evans Hughes, 
Secretary of State, 

Department of State, Washington, D. C. 



SUPPRESSION OF SMUGGLING 

Convention signed at Washington May 29, 1924 

Senate advice and consent to ratification June 3, 1924 

Ratified by Denmark July 8, 1924 

Ratified by the President of the United States July 1 1, 1924 

Ratifications exchanged at Washington July 25, 1924 

Entered into force July 25, 1924 

Proclaimed by the President of the United States July 25, 1924 

43 Stat. 1809; Treaty Series 693 

The President of the United States of America and His Majesty the King 
of Denmark and Iceland being desirous of avoiding any difficulties which 
might arise between the United States and Denmark in connection with the 
laws in force in the United States on the subject of alcoholic beverages have 
decided to conclude a Convention for that purpose, and have appointed as 
their Plenipotentiaries : 

The President of the United States of America, Mr. Charles Evans Hughes, 
Secretary of State of the United States; and 

His Majesty the King of Denmark and Iceland, Mr. Kai Helmer-Petersen, 
His Majesty's Charge d Affaires at Washington, 

Who, having communicated their full powers found in good and due form, 
have agreed as follows : 

Article I 

The High Contracting Parties respectively retain their rights and claims, 
without prejudice by reason of this agreement, with respect to the extent of 
their territorial jurisdiction. 

Article II 

( 1 ) His Majesty the King of Denmark and Iceland agrees that he will 
raise no objection to the boarding of private vessels under the Danish flag 
outside the limits of territorial waters by the authorities of the United States, 
its territories or possessions in order that enquiries may be addressed to those 
on board and an examination be made of the ship's papers for the purpose 
of ascertaining whether the vessel or those on board are endeavoring to import 
or have imported alcoholic beverages into the United States, its territories or 
72 



SUPPRESSION OF SMUGGLING— MAY 29, 1924 73 

possessions in violation of the laws there in force. When such enquiries and 
examination show a reasonable ground for suspicion, a search of the vessel 
may be initiated. 

(2) If there is reasonable cause for belief that the vessel has committed 
or is committing or attempting to commit an offense against the laws of the 
United States, its territories or possessions prohibiting the importation of 
alcoholic beverages, the vessel may be seized and taken into a port of the 
United States, its territories or possessions for adjudication in accordance 
with such laws. 

(3 ) The rights conferred by this article shall not be exercised at a greater 
distance from the coast of the United States, its territories or possessions than 
can be traversed in one hour by the vessel suspected of endeavoring to commit 
the offense. In cases, however, in which the liquor is intended to be conveyed 
to the United States, its territories or possessions by a vessel other than the one 
boarded and searched, it shall be the speed of such other vessel and not the 
speed of the vessel boarded, which shall determine the distance from the coast 
at which the right under this article can be exercised. 

Article III 

No penalty or forfeiture under the laws of the United States shall be appli- 
cable or attach to alcoholic liquors or to vessels or persons by reason of the 
carriage of such liquors, when such liquors are listed as sea stores or cargo 
destined for a port foreign to the United States, its territories or possessions 
on board Danish vessels voyaging to or from ports of the United States, or its 
territories or possessions or passing through the territorial waters thereof, and 
such carriage shall be as now provided by law with respect to the transit of 
such liquors through the Panama Canal, provided that such liquors shall be 
kept under seal continuously while the vessel on which they are carried 
remains within said territorial waters and that no part of such liquors shall at 
any time or place be unladen within the United States, its territories 
or possessions. 

Article IV 

Any claim by a Danish vessel for compensation on the grounds that it has 
suffered loss or injury through the improper or unreasonable exercise of the 
rights conferred by Article II of this Treaty or on the ground that it has not 
been given the benefit of Article III shall be referred for the joint considera- 
tion of two persons, one of whom shall be nominated by each of the High 
Contracting Parties. 

Effect shall be given to the recommendations contained in any such joint 
report. If no joint report can be agreed upon, the claim shall be referred to 
the Permanent Court of Arbitration at The Hague described in the Conven- 
tion for the Pacific Settlement of International Disputes, concluded at The 



74 DENMARK 

Hague, October 18, 1907. 1 The Arbitral Tribunal shall be constituted in 
accordance with Article 87 (Chapter IV) and with Article 59 (Chapter 
III) of the said Convention. The proceedings shall be regulated by so much 
of Chapter IV of the said Convention and of Chapter III thereof (special 
regard being had for Articles 70 and 74, but excepting Articles 53 and 54) 
as the Tribunal may consider to be applicable and to be consistent with the 
provisions of this agreement. All sums of money which may be awarded by 
the Tribunal on account of any claim shall be paid within eighteen months 
after the date of the final award without interest and without deduction, save 
as hereafter specified. Each Government shall bear its own expenses. The 
expenses of the Tribunal shall be defrayed by a ratable deduction of the 
amount of the sums awarded by it, at a rate of five per cent, on such sums, 
or at such lower rate as may be agreed upon between the two Governments; 
the deficiency, if any, shall be defrayed in equal moieties by the two 
Governments. 

Article V 

This Treaty shall be subject to ratification and shall remain in force for a 
period of one year from the date of the exchange of ratifications. 

Three months before the expiration of the said period of one year, either 
of the High Contracting Parties may give notice of its desire to propose 
modifications in the terms of the Treaty. 

If such modifications have not been agreed upon before the expiration of 
the term of one year mentioned above, the Treaty shall lapse. 

If no notice is given on either side of the desire to propose modifications, 
the Treaty shall remain in force for another year, and so on automatically, 
but subject always in respect of each such period of a year to the right on 
either side to propose as provided above three months before its expiration 
modifications in the Treaty, and to the provision that if such modifications 
are not agreed upon before the close of the period of one year, the Treaty 
shall lapse. 

Article VI 

In the event that either of the High Contracting Parties shall be prevented 
either by judicial decision or legislative action from giving full effect to the 
provisions of the present Treaty the said Treaty shall automatically lapse, 
and, on such lapse or whenever this Treaty shall cease to be in force, each 
High Contracting Party shall enjoy all the rights which it would have pos- 
sessed had this Treaty not been concluded. 

The present Convention shall be duly ratified by the President of the 
United States of America, by and with the advice and consent of the Senate 
thereof, and by His Majesty the King of Denmark and Iceland; and the 
ratifications shall be exchanged at Washington as soon as possible. 



1 TS 536, ante, vol. 1, p. 577. 



SUPPRESSION OF SMUGGLING— MAY 29, 1924 75 

In witness whereof, the respective Plenipotentiaries have signed the present 
Convention in duplicate in the English and Danish languages and have there- 
unto affixed their seals. 

Done at the city of Washington this twenty-ninth day of May one thousand 
nine hundred and twenty-four. 

Charles Evans Hughes [seal] 
Helmer Petersen [seal] 



WAIVER OF VISA FEES FOR NONIMMIGRANTS 

Exchange of notes at Copenhagen July 2 and September 29, 1925 
Entered into force September 29, 1925; operative from August 6, 1925 
Suspended during World War II; revived February 15, 1946 

Department of State files 

The Ministry for Foreign Affairs to the American Legation 

[translation] 

MINISTRY FOR FOREIGN AFFAIRS Journal Nr. 36 D. D7 

NOTE VERBALE 

Referring to the memorandum of the Legation of the United States of 
America, dated June 11, last, containing a project regarding the possible 
reciprocal suppression of fees for visas for Danish and American subjects 
travelling to the United States of America, and Denmark, respectively, the 
Foreign Office has the honor to inform the Legation, that the Danish Govern- 
ment is ready to conclude an agreement with the Government of the United 
States, under which the subjects of the United States of America can, in 
general, obtain the visa free of charge and for a duration of one year, if the 
passport of the person concerned is valid for the same period, and on con- 
dition that the Danish subjects going to the United States as non-immigrants, 
likewise in general obtain the visa free of charge for one year, if the passport 
of the person in question is valid for the same duration. 

As soon as the Government of the United States of America declares its 
readiness to accept the proposition of the Danish Government, the Foreign 
Office shall not fail to instruct the competent authorities of the suppression 
of fee-, for such visas from the date that may be suitable to the Government 
of the United States of America. However, the Foreign Office would appre- 
ciate being notified four weeks in advance in order that the Foreign Office 
may give the necessary instructions. 

Copenhagen, July 2, 1925. 



76 



VISA FEES— JULY 2 AND SEPTEMBER 29, 1925 
The American Charge d' Affaires to the Minister of Foreign Affairs 



77 



No. 380 



American Legation 
Copenhagen, September 29, 1925 



Mr. Minister: 

I have the honor to make the following statement of my understanding of 
the agreement concluded on behalf of the Government of the United States 
and the Royal Danish Government with respect to the reciprocal suppression 
by both countries, and the validity, of the fees for nonimmigrant visas. 

It is understood that 

Fees for the visas, and applications therefor, of Danish nonimmigrants, 
are abolished, on condition that the fees for the visas, and applications there- 
for, are waived for citizens of the United States. 

Visas granted by the Danish authorities to American subjects, and by the 
authorities of the United States to Danish subjects, are valid for one year, 
and are good for repeated entry into respectively Denmark and the United 
States, provided that the passport does not expire within that period. 

The above agreement is effective from August 6, 1 925. 

I have the honor to request Your Excellency's confirmation of the accord 
thus reached. 

I avail myself of this occasion to renew to Your Excellency the assurances 
of my highest consideration. 

Oliver B. Harriman 

Charge d' Affaires a. i. 

Count Carl Moltke, 

Minister for Foreign Affairs, 
Copenhagen 



NARCOTIC DRUGS 

Exchange of notes at Copenhagen February 3 and April 23, 1928 
Entered into force April 23, 1928 

Department of State files 

The American Minister to the Minister of Foreign Affairs 

No. ii6 Copenhagen, February 3rd, 1928 

Mr. Minister: 

I have the honor to inform your Excellency that my Government, desiring 
to bring about a stricter control of the illicit traffic in narcotic drugs, pro- 
poses as a means the organization of a closer cooperation between appropriate 
administrative officials of the United States of America and those of certain 
European Governments. 

For this purpose, I am instructed to propose to your Excellency's govern- 
ment the following measures : 

( 1 ) The direct exchange between the Department of the Treasury and 
the corresponding Danish Department of information and evidence with 
reference to persons engaged in this illicit traffic. This information and evi- 
dence would include photographs, criminal records, finger prints, Bertillon 
measurements, descriptions of the methods which the persons in question 
have been found to use, the places from which they have operated, the 
partners they have worked with, etc. 

( 2 ) The immediate direct forwarding of information by letter or cable 
as to the suspected movements of narcotic drugs or of persons involved in 
smuggling drugs, if such movements may concern the other country. Unless 
such information as this reaches its destination directly and speedily, it is 
useless. 

( 3 ) Mutual cooperation in detective and investigating work. 

The officer of the Treasury Department who would have charge on behalf 
of my Government of the cooperation in the suppression of the illicit traffic 
in narcotics is Colonel L. G. Nutt, whose mail and telegraph address is: 
"Deputy Commissioner in Charge of Narcotics, Treasury Department, 
Washington, D. C." 
78 



NARCOTIC DRUGS— FEBRUARY 3 AND APRIL 23, 1928 79 

I trust that this proposition of my Government will obtain the agreement 
of the Royal Government and in this case I beg you to be kind enough to 
inform me of the name and official position of the Royal official with whom 
Colonel Nutt could correspond. 

I avail myself of this opportunity to renew to you, Mr. Minister, the as- 
surances of my highest consideration. 

H. Percival Dodge 
To His Excellency 
Dr. Moltesen, 

Royal Ministry for Foreign Affairs. 
E. V. 



The Ministry for Foreign Affairs to the American Legation 

[translation] 
MINISTRY FOR FOREIGN AFFAIRS Journal Nr. 28 Q IS 

NOTE VERBALE 

In continuation of its Note Verbale of April 11th last the Ministry for 
Foreign Affairs, after having consulted the competent authorities, has the 
honor to inform the Legation of the United States of America that those 
authorities have reported that contraventions of the provisions of the legisla- 
tion on opium in Denmark are relatively rare and that the international rules 
to prevent all attempts to evade the law already necessitate, with reference 
to their practical importance for Denmark, a considerable work of control 
and correspondence. Nevertheless, the Danish authorities have declared that 
they are quite disposed, in cases where contraventions of importance, 
especially for America, may be brought to the knowledge of the Health Ad- 
ministration of Denmark, to advise the competent American authorities of 
the same by transmitting to them all the information relative thereto. The 
Health Administration will, for its part, be pleased to receive such informa- 
tion as the United States may consider to be of importance for Denmark. 

Copenhagen, April 23, 1928. 



ARBITRATION 

Treaty signed at Washington June 14, 1928 

Senate advice and consent to ratification December 18, 1928 

Ratified by the President of the United States January 4, 1929 

Ratified by Denmark March 12, 1929 

Ratifications exchanged at Washington April 17, 1929 

Entered into force April 17, 1929 

Proclaimed by the President of the United States April 17, 1929 

46 Stat. 2265 ; Treaty Series 784 

The President of the United States of America and His Majesty the King 
of Denmark and Iceland 

Determined to prevent so far as in their power lies any interruption in 
the peaceful relations that have always existed between the United States 
and Denmark ; 

Desirous of reaffirming their adherence to the policy of submitting to im- 
partial decision all justiciable controversies that may arise between the two 
countries ; and 

Eager by their example not only to demonstrate their condemnation of war 
as an instrument of national policy in their mutual relations, but also to 
hasten the time when the perfection of international arrangements for the 
pacific settlement of international disputes shall have eliminated forever the 
possibility of war among any of the Powers of the world ; 

Have decided to conclude a new treaty of arbitration enlarging the scope 
and obligations of the arbitration convention signed at Washington on 
May 18, 1908, 1 which expired by limitation on March 29, 1914, and for that 
purpose they have appointed as their respective Plenipotentiaries 

The President of the United States of America: Mr. Frank B. Kellogg, 
Secretary of State of the United States ; 

His Majesty the King of Denmark and Iceland: Mr. Constantin Brun, 
His Majesty's Envoy Extraordinary and Minister Plenipotentiary at Wash- 
ington; who, having communicated to one another their full powers found 
in good and due form, have agreed upon the following articles : 

1 TS520, ante, p. 51. 
80 



ARBITRATION— JUNE 14, 1928 81 

Article I 

All differences relating to international matters in which the High Con- 
tracting Parties are concerned by virtue of a claim of right made by one 
against the other under treaty or otherwise, which it has not been possible 
to adjust by diplomacy, which have not been adjusted as a result of refer- 
ence to the Permanent International Commission constituted pursuant to 
the treaty signed at Washington April 17, 1914, 2 and which are justiciable 
in their nature by reason of being susceptible of decision by the application of 
the principles of law or equity, shall be submitted to the Permanent Court 
of Arbitration established at The Hague by the Convention of October 18, 
1907, 3 or to some other competent tribunal, as shall be decided in each case 
by special agreement, which special agreement shall provide for the organi- 
zation of such tribunal if necessary, define its powers, state the question or 
questions at issue, and settle the terms of reference. 

The special agreement in each case shall be made on the part of the United 
States of America by the President of the United States of America by and 
with the advice and consent of the Senate thereof, and on the part of Den- 
mark in accordance with its constitutional laws. 

Article II 

The provisions of this treaty shall not be invoked in respect of any dispute 
the subject matter of which 

(a) is within the domestic jurisdiction of either of the High Contracting 
Parties, 

( b ) involves the interests of third Parties, 

(c) depends upon or involves the maintenance of the traditional attitude 
of the United States concerning American questions, commonly described 
as the Monroe Doctrine, 

(d) depends upon or involves the observance of the obligations of Den- 
mark in accordance with the Covenant of the League of Nations. 

Article III 

The present treaty shall be ratified by the President of the United States 
of America by and with the advice and consent of the Senate thereof and 
by Denmark in accordance with its constitutional laws. 

The ratifications shall be exchanged at Washington as soon as possible, 
and the treaty shall take effect on the date of the exchange of the ratifications. 
It shall thereafter remain in force continuously unless and until terminated 



! TS 608, ante, p. 53. 

8 TS 536, ante, vol. l,p. 577. 



82 DENMARK 

by one year's written notice given by either High Contracting Party to the 
other. 

In faith whereof the respective Plenipotentiaries have signed this treaty 
in duplicate in the English and Danish languages, both texts having equal 
force, and hereunto affix their seals. 

Done at Washington the fourteenth day of June, one thousand nine hun- 
dred and twenty-eight. 

Frank B. Kellogg [seal] 
C. Brun [seal] 



TAXATION: PASSENGER AUTOMOBILES 

Exchange of notes at Bar Harbor, Maine, September 4, 1928, and at 

Washington, October 27 , 1928, and February 2, 1929 
Entered into force February 2, 1929 ; operative from February 1 , 1929 

48 Stat. 1871 ; Executive Agreement Series 61 

The Danish Minister to the Acting Secretary of State 
No. 125 p.t. Bar Harbor, Maine, September 4, 1928 

Sir, 

I am directed to inform you, that the Danish Government, on condition 
of reciprocity, is prepared to grant freedom from taxation for a period of 3 
months to foreign automobiles built for the transportation of passengers not 
to exceed 7 in number including the driver, and belonging in the country in 
question and registered as the property of persons residing there. 

In these circumstances I would be greatly obliged to you for being so good 
as to let me know, what formalities and conditions must be complied with in 
order that motor vehicles registered in Denmark may be exempted from 
taxation in the United States, therein included duties and taxes of all kinds. 

I have the honor to be, Sir, 

With the highest consideration, 

Your most obedient and humble servant, 

C. Brun 
The Honorable 

J. Reuben Clark, Jr., 

Acting Secretary of State, 

Department of State, Washington, D.C. 



The Secretary of State to the Danish Minister 

Department of State 
Washington, October 27 , 1928. 

Sir: 

I have the honor to acknowledge the receipt of your note of September 4, 
1928, in which you were good enough to inform me that your Government, 

83 

259-333—71 7 



84 DENMARK 

on the ba^is of reciprocity, is prepared to grant freedom from taxation for a 
period of three months to foreign automobiles built for transportation of 
passengers not to exceed seven in number, including the driver, and belong- 
ing in the country in question and registered as the property of persons 
residing there. 

In reply I have the honor to inform you that the Federal Government 
imposes no taxes on automobiles in the United States. The taxation of owners 
of automobiles and the exaction of fees for the registration of automobiles 
is a matter for determination by the several States. The Department has been 
informally advised that an investigation of the motor vehicle laws of the 
forty-eight States of the United States discloses the fact that all of them grant 
reciprocity to foreign visitors. 

This reciprocity is granted in respect both to the license plate and the 
driving license, provided, of course, that the same reciprocity is extended by 
foreign countries to residents of States that are now granting this courtesy. 
With regard to the taxation of owners of automobiles which is usually distinct 
from the payment of a registration fee, it may be stated that it is the Depart- 
ment's understanding that as a general rule such taxes are only imposed upon 
persons who are found to be legal residents of a certain State. Such taxes, it is 
believed, would not be exacted from persons who are merely touring through 
the several States of the Union, the class of persons to whom, presumably, 
reference is made in your note under acknowledgment. 

In this connection the following information regarding the freedom from 
customs duties granted on a reciprocal basis to motorcycles and automobiles 
brought into the United States by nonresidents for a period of not more than 
six months, quoted from a letter from the Treasury Department, would 
appear pertinent to your inquiry : 

"The regulations governing such importations are contained in Chap- 
ter VIII, Customs Regulations of 1923, Articles 406-413. Article 407 pro- 
vides that entry shall be made on Customs Form 7501, and that bond shall 
be given on Customs Form 7563 (with surety) in a penal sum equal to 
double the estimated duties. In lieu of such bond, the importer may deposit 
a cash amount equal to the estimated duties, which is treated as a cash bond. 
The entry will be liquidated free of duty, and the bond canceled or the 
amount deposited returned, if the vehicle in question is exported within the 
six months period prescribed by Section 308 and provided that exportation 
is made in the manner required by x\rticle 412 of the regulations. When not 
so exported, the vehicles are treated in the same manner as similar articles 
imported for sale and consumption, and assessed for duty on their value at 
the time of importation. The six months period prescribed for exportation 
cannot be extended." 



TAXATION: PASSENGER AUTOMOBILES— SEPT. 4, 1928-FEB. 2, 1929 85 

I have the honor to express the hope that in the light of the foregoing 
information the competent Danish authorities will be prepared to grant 
reciprocal treatment to American citizens desiring to drive automobiles in 
Denmark. 

Accept, Sir, the renewed assurances of my highest consideration. 

For the Secretary of State : 

W. R. Castle, Jr. 

Mr. CONSTANTIN BrUN, 

Minister of Denmark. 



The Danish Minister to the Secretary of State 
no. 14 February 2, 1929 

Sir, 

Referring again to your reply-letter of October 27, 1928 in regard to taxa- 
tion in this country of automobiles and exemption from such taxation of the 
automobiles of foreign visitors, I have the honor to state as follows: 

In the last paragraph of your aforesaid letter you expressed the hope, that 
the competent Danish authorities, in the light of the information placed at 
their disposal, would be prepared to grant reciprocal treatment to American 
citizens desiring to drive automobiles in Denmark. 

In this connection I am directed by the Danish Minister of Foreign Affairs 
to transmit to you the four copies here enclosed of a Regulation issued on this 
subject on January 18, 1929 by the Danish Ministry of Public Works. It will 
be seen that this Regulation, in view of the authorization contained in § 7 
No. 1 of the Act No. 143 of July 1, 1927 on taxation of automobiles, etc., 
exempts from the tax prescribed in the said paragraph, for a period not 
exceeding 3 months, (visiting) automobiles for transportation of persons, 
built to seat not more than seven persons including the chauffeur, which 
belong in the United States and are registered in the United States as the 
property of persons residing in the United States. 

A copy of § 7 No. 1 of the said Act is herewith enclosed. 

I have the honor to be, Sir, with the highest consideration, 
Your most obedient and humble servant, 



C. Brun 



The Honorable 

Frank B. Kellogg, 
Secretary of State, 

Department of State, Washington, D.C. 



86 DENMARK 

[ENCLOSURE 1 TRANSLATION] 

Proclamation relative to Exemption from taxation in this country 
of motor cars and trailers to same, which belong in the United 
States, and which are used in entering this country by persons 
coming to Denmark from abroard. 

Journal N. 371 c. 
Circular No. B 

Pursuant to the authority given to the Minister of Public Works in sec- 
tion 7, paragraph 1, in act no. 143 of July 1, 1927, relative to tax on motor 
vehicles, etc., the Ministry, after consultation with the Ministry of Finance, 
hereby waives the tax, in accordance with the said paragraph, on such pas- 
senger automobiles belonging in the United States as are designed to carry 
not more than 7 persons including the chauffeur, and are registered in the 
country in question as belonging to persons domiciled in that country. 

Exemption from taxation is valid only for a period of 3 months, and there- 
fore the liability to taxation mentioned by sections 1-6 of the above-named 
law arises in case the vehicle remains in this country for more than 3 months. 

This proclamation shall go into effect February 1, 1929. 

Which is hereby made public, reference being made to the proclamation 
of January 28, 1 928, on this subject. 

Ministry of Public Works, 
January 18, 1929. 

J. P. Stensballe 
Ch. Buchwald 

[ENCLOSURE 2 TRANSLATION] 

Copy of Act No. 143 of July 1, 1927, on taxation of automobiles, etc. 

Section 7, No. 1 

The following taxes shall be paid on motor cars and trailers to same not 
belonging in this country, which are used in entering this country by persons 
coming to Denmark from abroad, except in the exceptional cases mentioned 
in section 1, paragraph 2. 

On passenger automobiles, which are designed to carry not more than 
7 persons including the chauffeur, and on trailers to passenger automobiles, 
5 kroner for up to 2 days' driving, 15 kroner for up to 8 days' driving, and 
50 kroner for up to 1 month's driving. If the car does not remain in this 
country during the whole period for which the tax is paid, it may be driven 
in this country later during the remaining time without payment of a new tax. 

On passenger automobiles which are designed to carry more than 7 per- 
sons including the chauffeur, on tractors, commercial automobiles and motor 
trucks and on trailers to the same, 8 kroner for up to 2 days' driving, 25 kroner 



TAXATION: PASSENGER AUTOMOBILES— SEPT. 4, 1928-FEB. 2, 1929 87 

for up to 8 days' driving, and 80 kroner for up to 1 month's driving. 

The tax is paid in advance in accordance with rules which shall be definitely 
fixed by the Minister of Public Works, after consultation with the Minister 
of Finance. 

The Minister of Public Works may, however, after consultation with the 
Minister of Finance, waive payment of taxes under the present provision for 
passenger automobiles belonging in countries which grant the corresponding 
exemption from taxes for passenger automobiles belonging in this country. 



RECOGNITION OF LOAD-LINE CERTIFICATES 

Exchange of notes at Washington January 16, 1932 
Entered into force January 16, 1932 
Terminated January 1 , 1933 * 

47 Stat. 2690; Executive Agreement Series 29 

The Danish Minister to the Secretary of State 

Royal Danish Legation 
no. 4 Washington, D.C., January 16, 1932 

Sir, 

By a note of November 4, 1930, my predecessor had the honor to address 
himself to you with an inquiry as to whether the United States Government 
would be ready to enter into a reciprocal load line agreement with the Danish 
Government which should remain effective pending the coming into force 
in the two countries of the International Load Line Convention concluded 
at London on July 5, 1930, and whereby the Governments of Denmark and 
the United States would each recognize as equivalent the load line laws and 
regulations of the other and, therefore, their respective freeboard certificates 
of the marking of merchant vessels. 

In reply you have by a note of August 25, 1931, informed this Legation 
that the Government of the United States is ready to conclude such a re- 
ciprocal agreement. You have further added that the Government of the 
United States understands that the load line marks made under authority 
of the two Governments will be in accordance with load line certificates; that 
the hull and superstructures of the vessel certificated will not have been so 
materially altered since the issuance of the certificates as to affect the calcula- 
tions on which the load line was based, and that alterations will not have been 
made so that the 

( 1 ) Protection of openings, 

(2) Guard Rails, 

(3) Freeing Ports, 

(4) Means of Access to Crews Quarters, 



1 Upon entry into force for the United States and Denmark of International Load Line 
Convention of July 5, 1930 (TS 858, ante, vol. 2, p. 1076) . 

88 



LOAD-LINE CERTIFICATES— JANUARY 16, 1932 89 

have made the vessel manifestly unfit to proceed to sea without danger to 
human life. 

Having submitted this reply to my Government, I am now instructed to 
convey to you the following information : The Danish Government is ready 
to give full recognition, for the time until the International Load Line Con- 
vention mentioned above shall come into force in both countries, to the load 
line rules and regulations of the Government of the United States and to the 
certificates and load line marks made on American merchant vessels pursuant 
thereto. In giving such recognition the Danish Government concurs, subject 
to reciprocity, in the foregoing understandings. I am, however, instructed to 
draw your attention to the fact that since the beginning of the negotiations 
regarding this temporary agreement the Danish rules concerning freeboard 
have undergone the following modification : 

A provisional notification 2 dealing with the application to Danish Ships 
of the International Load Line Convention of July 5, 1930, has been issued 
by the Danish Ministry of Shipping and Fisheries on July 8, 1 93 1 . Pursuant 
to this Notification of which this Legation had the honor to forward to you 
a copy by a note of August 13, 1931, Danish ships in international trade 
have already been permitted to obtain freeboard and load line certificates in 
accordance with the above quoted International Load Line Convention, 
which has been ratified by Denmark on July 30, 1931. The Danish Govern- 
ment assumes that also such certificates issued in accordance with the said 
Convention will be recognized in the United States pending the coming into 
force in both countries of the Convention. 

I have the honor to request that you will be good enough to confirm the 
full recognition of the Government of the United States for the period men- 
tioned above of the Danish load line laws and regulations and the Danish 
freeboard certificates of the marking of merchant vessels, including the certifi- 
cates issued pursuant to the foregoing Provisional Notification of July 8, 
1 93 1 , and of load line marks made on Danish vessels pursuant thereto. 

It is understood that upon the receipt of a note to that effect the proposed 
agreement will become effective as from the date of such note. 

I have the honor to be, Sir, with the highest consideration 
Your most obedient and humble servant. 

Otto Wadsted 

The Honorable 

Henry L. Stimson, 
Secretary of State, 

Department of State, Washington, D.C. 



1 For text, see p. 90. 



90 DENMARK 

The Secretary of State to the Danish Minister 

Department of State 
Washington, January 16, 1932 

Sir: 

I have the honor to acknowledge the receipt of your note of this date in 
which reference is made to your predecessor's note of November 4, 1930, 
proposing an arrangement between the Governments of the United States 
and Denmark for the reciprocal recognition of load line certificates for 
merchant vessels which arrangement would remain effective pending the 
coming into force in the two countries of the International Load Line Con- 
vention of July 5, 1930. 

You made the proposal that if the Government of the United States agreed 
to the terms as outlined in your note of this date, that note and the reply 
which might be made thereto would serve as the agreement between our 
two countries. 

Inasmuch as the Danish rules and tables for determining freeboards have 
been examined by the competent executive authorities of this Government 
and have been found to be as effective as the United States load line regu- 
lations; and inasmuch as the Government of the United States agrees to 
recognize the certificates issued by the Government of Denmark pursuant to 
the Provisional Notification of July 8, 1931, which gives ship owners the 
privilege of having freeboard and load lines assigned in accordance with the 
provisions contained in the International Load Line Convention of July 5, 
1930, I have the honor to inform you that the Government of the United 
States hereby concurs in the terms of the arrangement as set out in your note 
under acknowledgment. 

The Government of the United States accordingly understands that the 
agreement has been completed by this exchange of notes and is effective from 
this date. 

Accept, Sir, the renewed assurances of my highest consideration. 

For the Secretary of State : 

James Grafton Rogers 

Mr. Otto Wadsted, 

Minister of Denmark. 

Provisional Notification dealing with the application to Danish ships of the 
International Load Line Convention of 5th July, 1930 

In pursuance of the 3rd Part of the Merchant Shipping (Inspection of 
Ships) Act of March 29th 1920 with subsequent amendments the following 
provisions are hereby laid down : 



LOAD-LINE CERTIFICATES— JANUARY 16, 1932 91 

Section 1 

In accordance with application to be made in each particular case by the 
shipowner concerned to the Ministry of Shipping and Fisheries, every Danish 
ship to which the provisions of the International Load Line Convention of 
5th July, 1930, apply, will, after a survey having been held by the Govern- 
ment Ships Inspection Staff, be given freeboard and assigned load lines under 
the provisions of, and on the conditions contained in, the said Convention of 
5th July, 1930. 

Every ship to which freeboard is assigned and which is marked with load 
lines in accordance with the Convention of 5th July, 1930, shall henceforth 
be subject to the provisions of the said Convention, more particularly those 
dealing with zones and seasonal areas and the stowing of the cargo. The 
intervals between the periodical surveys dealt with in Article 14, 3 C of the 
Convention will be fixed at a later date. 

Section 2 

Ships to which freeboard is assigned in accordance with the foregoing rules 
shall have on board a copy of this present Notification and of the Convention 
of 5th July, 1930. 

Section 3 

This Notification shall come into force immediately. 

The above is hereby made known to all whom it may concern. 

The Ministry of Shipping and Fisheries. 
8th July 1931 

Th. Stauning EmilKrogh 



250-333—71- 



AIR NAVIGATION 

Exchange of notes at Copenhagen March 12 and 24, 1934, with text of 

arrangement 
Entered into force April 16, 1934 
Supplemented by agreement of December 16, 1944 1 

48 Stat. 1855; Executive Agreement Series 58 

The American Minister to the Minister of Foreign Affairs 

Legation of the United States of America 
no. 46 Copenhagen, March 12, 1934 

Excellency: 

Reference is made to the negotiations which have taken place between 
the Government of the United States of America and the Government of 
Denmark for the conclusion of a reciprocal air navigation arrangement be- 
tween the United States of America and Denmark, governing the operation 
of civil aircraft of the one country in the other country. 

It is my understanding that it has been agreed in the course of the nego- 
tiations, now terminated, that this arrangement shall be as follows: 

Article 1 

Pending the conclusion of a convention between the United States of 
America and Denmark on the subject of air navigation, the operation of civil 
aircraft of the one country in the other country shall be governed by the 
following provisions : 

Article 2 

The present arrangement shall apply to the United States of America and 
Denmark, and likewise, subject to the provisions of the second paragraph of 
Article 6, the following possessions, territories or colonies over which they 
respectively exercise jurisdiction, including territorial waters : 

'EAS 430, post, p. 114. 

92 



AIR NAVIGATION— MARCH 12 AND 24, 1934 93 

(a) Alaska, Puerto Rico, Virgin Islands of the United States, and Amer- 
ican Samoa. 

(b) Greenland. 

Article 3 

The term aircraft with reference to one or the other Party to this arrange- 
ment shall be understood to mean civil aircraft, including state aircraft used 
exclusively for commercial purposes, duly registered in the territory of such 
Party. 

Article 4 

Each of the parties undertakes to grant liberty of passage above its terri- 
tory in time of peace to the aircraft of the other party, provided that the con- 
ditions set forth in the present arrangement are observed. 

It is, however, agreed that the establishment and operation of regular air 
routes by an air transport company of one of the parties within the territory 
of the other party or across the said territory, with or without intermediary 
landing, shall be subject to the prior consent of the other party given on the 
principle of reciprocity and at the request of the party whose nationality 
the air transport company possesses. 

Each party to the arrangement agrees that its consent for operation over 
its territory by air transport companies of the other party may not be refused 
on unreasonable or arbitrary grounds. The consent may be made subject to 
special regulations relating to aerial safety and public order. 

The parties to this arrangement agree that the period in which pilots may, 
while holding valid pilot licenses issued or rendered valid by either country, 
operate registered aircraft of that country in the other country for non- 
industrial or non-commercial purposes shall be limited to a period not ex- 
ceeding six months from the time of entry for the purpose of operating 
aircraft, unless prior to the expiration of this period the pilots obtain from 
the government of the country in which they are operating, pilot licenses 
authorizing them to operate aircraft for non-industrial or non-commercial 
purposes. 

Article 5 

The aircraft of each of the Parties to this arrangement, their crews and 
passengers, shall while within the territory of the other Party, be subject to 
the general legislation in force in that territory as well as the regulations in 
force therein relating to air traffic in general, to the transport of passengers 
and goods and to public safety and order insofar as these regulations apply 
to all foreign aircraft, their crews and passengers. 



94 DENMARK 

Each of the Parties to this arrangement shall permit the import or export 
of all merchandise which may be legally imported or exported and also the 
carriage of passengers, subject to any customs, immigration and quarantine 
restrictions, into or from their respective territories in the aircraft of the other 
Party, and such aircraft, their passengers and cargoes, shall enjoy the same 
privileges as and shall not be subjected to any other or higher duties or charges 
than those which the aircraft of the country, imposing such duties or charges, 
engaged in international commerce, and their cargoes and passengers, or 
the aircraft of any foreign country likewise engaged, and their cargoes and 
passengers, enjoy or are subjected to. 

Each of the Parties to this arrangement may reserve to its own aircraft 
air commerce between any two points neither of which is in a foreign country. 
Nevertheless the aircraft of either Party may proceed from any aerodrome 
in the territory of the other Party which they are entitled to use to any other 
such aerodrome either for the purpose of landing the whole or part of their 
cargoes or passengers or of taking on board the whole or part of their cargoes 
or passengers provided that such cargoes are covered by through bills of 
lading and such passengers hold through tickets, issued respectively for a 
journey whose starting place and destination both are not points between 
which air commerce has been duly so reserved and such aircraft, while pro- 
ceeding as aforesaid, from one aerodrome to another shall, notwithstanding 
that such aerodromes are points between which air commerce has been duly 
reserved, enjoy all the privileges of this arrangement. 

Article 6 

Each of the Parties to this arrangement shall have the right to prohibit air- 
traffic over certain areas of its territory, provided that no distinction in this 
matter is made between its aircraft engaged in international commerce and 
the aircraft of the other Party likewise engaged. The areas above which air 
traffic is thus prohibited by either Party must be notified to the other Party. 

Each of the Parties may make the right to engage in air traffic over any 
of its possessions, territories or colonies, specified in subparagraphs (a) or (b) 
of Article 2, dependent upon the granting of a special permit and upon the 
fulfillment of special conditions and rules, provided that, subject to the right 
to reserve to national aircraft air commerce as described in the third para- 
graph of Article 5, no distinction in this matter is made between aircraft 
registered in its territory and aircraft registered in territory of the other Party. 
Each Party shall notify the other Party of its possession, territory or colony 
over which air traffic will not be permitted without a special permit. 

Each of the Parties reserves the right under exceptional circumstances 
in time of peace and with immediate effect temporarily to limit or prohibit 
air traffic above its territory on condition that in this respect no distinction 
is made between the aircraft of the other Party and the aircraft of any foreign 
country. 



AIR NAVIGATION— MARCH 12 AND 24, 1934 95 

Article 7 

Any aircraft which finds itself over a prohibited area referred to in the first 
paragraph of Article 6 shall, as soon as it is aware of the fact, give the signal 
of distress prescribed in the Rules of the Air in force in the territory flown 
over and shall land as soon as possible at an aerodrome situated in such terri- 
tory outside of but as near as possible to such prohibited area. 

Article 8 

All aircraft shall carry clear and visible nationality and registration marks 
whereby they may be recognized during flight. In addition, they must bear 
the name and address of the owner. 

All aircraft shall be provided with certificates of registration and of air- 
worthiness and with all the other documents prescribed for air traffic in the 
territory in which they are registered. 

The members of the crew who perform, in an aircraft, duties for which a 
special permit is required in the territory in which such aircraft is registered, 
shall be provided with all documents and in particular with the certificates 
and licenses prescribed by the regulations in force in such territory. 

The other members of the crew shall carry documents showing their duties 
in the aircraft, their profession, identity and nationality. 

The certificates of airworthiness, certificates of competency and licenses 
issued or rendered valid by one of the Parties to this arrangement in respect 
of an aircraft registered in its territory or of the crew of such aircraft shall 
have the same validity in the territory of the other Party as the corresponding 
documents issued or rendered valid by the latter. 

Each of the Parties reserves the right for the purpose of flight within its 
own territory to refuse to recognize certificates of competency and licenses 
issued to nationals of that Party by the other Party. 

Article 9 

Aircraft of either of the Parties to this arrangement may carry wireless ap- 
paratus in the territory of the other Party only if a license to install and work 
such apparatus shall have been issued by the competent authorities of the 
Party in whose territory the aircraft is registered. The use of such apparatus 
shall be in accordance with the regulations on the subject issued by the com- 
petent authorities of the territory within whose air space the aircraft is 
navigating. 

Such apparatus shall be used only by such members of the crew as are 
provided with a special license for the purpose issued by the Government of 
the territory in which the aircraft is registered. 

The Parties to this arrangement reserve respectively the right, for reasons 
of safety, to issue regulations relative to the obligatory equipment of aircraft 
with wireless apparatus. 



96 DENMARK 

Article 10 

No arms of war, explosives of war, or munitions of war shall be carried 
by aircraft of either Party above the territory of the other Party or by the 
crew or passengers, except by permission of the competent authorities of the 
territory within whose air space the aircraft is navigating. 

Article 1 1 

Upon the departure or landing of any aircraft each Party may within its 
own territory and through its competent authorities search the aircraft of the 
other Party and examine the certificates and other documents prescribed. 

Article 12 

Aerodromes open to public air traffic in the territory of one of the Parties 
to this arrangement shall in so far as they are under the control of the Party 
in whose territory they are situated be open to all aircraft of the other Party, 
which shall also be entitled to the assistance of the meteorological services, 
the wireless services, the lighting services, and the day and night signalling 
services, in so far as the several classes of services are under control of the 
Party in whose territory they respectively are rendered. Any scale of charges 
made, namely, landing, accommodation or other charge, with respect to the 
aircraft of each Party in the territory of the other Party, shall in so far as such 
charges are under the control of the Party in whose territory they are made 
be the same for the aircraft of both Parties. 

Article 13 

All aircraft entering or leaving the territory of either of the Parties to this 
arrangement shall land at or depart from an aerodrome open to public air 
traffic and classed as a customs aerodrome at which facilities exist for enforce- 
ment of immigration regulations and clearance of aircraft, and no inter- 
mediary landing shall be effected between the frontier and the aerodrome. 
In special cases the competent authorities may allow aircraft to land at or 
depart from other aerodromes, at which customs, immigration and clearance 
facilities have been arranged. The prohibition of any intermediary landing 
applies also in such cases. 

In the event of a forced landing outside the aerodromes, referred to in the 
first paragraph of this article, the pilot of the aircraft, its crew and the pas- 
sengers shall conform to the customs and immigration regulations in force in 
the territory in which the landing has been made. 

Aircraft of each Party to this arrangement are accorded the right to enter 
the territory of the other Party subject to compliance with quarantine regula- 
tions in force therein. 

The Parties to this arrangement shall exchange lists of the aerodromes in 
their territories designated by them as ports of entry and departure. 



AIR NAVIGATION— MARCH 12 AND 24, 1934 97 

Article 14 

Each of the Parties to this arrangement reserves the right to require that 
all aircraft crossing the frontiers of its territory shall do so between certain 
points. Subject to the notification of any such requirements by one Party to 
the other Party, and to the right to prohibit air traffic over certain areas as 
stipulated in Article 6 the frontiers of the territories of the Parties to this 
arrangement may be crossed at any point. 

Article 15 

As ballast, only fine sand or water may be dropped from an aircraft. 

Article 16 

No article or substance, other than ballast, may be unloaded or otherwise 
discharged in the course of flight unless special permission for such purpose 
shall have been given by the authorities of the territory in which such unload- 
ing or discharge takes place. 

Article 17 

Whenever questions of nationality arise in carrying out the present arrange- 
ment, it is agreed that every aircraft shall be deemed to possess the nationality 
of the Party in whose territory it is duly registered. 

Article 18 

The Parties to this arrangement shall communicate to each other the 
regulations relative to air traffic in force in their respective territories. 

Article 19 

The present arrangement shall be subject to termination by either Party 
upon sixty days' notice given to the other Party or by the enactment 
by either Party of legislation inconsistent therewith. 

I shall be glad to have you inform me whether it is the understanding of 
your Government that the arrangement agreed to in the negotiations is as 
herein set forth. If so, it is suggested that the arrangement become effective 
on April 16, 1934. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Ruth Bryan Owen 
His Excellency 

Dr. P. Munch, 

Royal Minister for Foreign Affairs, 
Copenhagen. 



98 DENMARK 

The Minister of Foreign Affairs to the American Minister 

UDENRIGSMINISTERIET 0.P.I. Journal Nr. 93.D.32 

Copenhagen, March 24, 1934 
Madam: 

I have the honour to acknowledge the receipt of the note of the 12 th 
instant in which you communicated to me the text of the reciprocal air navi- 
gation arrangement between Denmark and the United States of America, 
governing the operation of civil aircraft of the one country in the other coun- 
try, as understood by you to have been agreed to during the negotiations, now 
terminated, between the two countries. 

The text which you have communicated to me is reproduced below : 

[For text of arrangement, see U.S. note, above.] 

I am glad to assure you that the foregoing text is what has been accepted 
by my Government in the course of the negotations and is approved by it. 

In accordance with your suggestion it is understood that the arrangement 
will come into force on April 16, 1934. 

I avail myself of this opportunity to renew to you, Madame, the assurance 
of my high consideration. 

P. Munch 

Mrs. Ruth Bryan Owen, 

Minister of the United States of America. 



CIVIL AVIATION: PILOT LICENSES 

Exchange of notes at Copenhagen March 14 and 24, 1934, with text of 

arrangement 
Entered into force April 16, 1934 

48 Stat. 1865 ; Executive Agreement Series 59 

The American Minister to the Minister of Foreign Affairs 

Legation of the United States of America 
no. 48 Copenhagen, March 14, 1934 

Excellency: 

Reference is made to the negotiations which have taken place between the 
Government of the United States of America and the Government of Den- 
mark for the conclusion of a reciprocal arrangement between the United 
States of America and Denmark providing for the issuance by the one 
country of licenses to nationals of the other country authorizing them to pilot 
civil aircraft. 

It is my understanding that it has been agreed in the course of the nego- 
tiations, now terminated, that this arrangement shall be as follows : 

Article 1 

The present arrangement between the United States of America and Den- 
mark relates to the issuance by each country of licenses to nationals of the 
other country for the piloting of civil aircraft. The term "civil aircraft" shall 
be understood to mean aircraft used for private, industrial, commercial or 
transport purposes. 

Article 2 

(a) The Department of Public Works of Denmark will issue pilots' 
licenses to American nationals upon a showing that they are qualified under 
the regulations of that Department covering the licensing of pilots. 

(b) The Department of Commerce of the United States of America will 

99 



100 DENMARK 

issue pilots' licenses to Danish nationals upon a showing that they are quali- 
fied under the regulations of that Department covering the licensing of pilots. 

Article 3 

(a) Pilots' licenses issued by the Department of Commerce of the United 
States of America to Danish nationals shall entitle them to the same privileges 
as are granted by pilots' licenses issued to American nationals. 

( b ) Pilots' licenses issued by the Department of Public Works of Denmark 
to American nationals shall entitle them to the same privileges as are granted 
by pilots' licenses issued to Danish nationals. 

Article 4 

Pilots' licenses issued to nationals of the one country by the competent 
authority of the other country shall not be construed to accord to the licensees 
the right to register aircraft in such other country. 

Article 5 

Pilots' licenses issued to nationals of the one country by the competent 
authority of the other country shall not be construed to accord to the licensees 
the right to operate aircraft in air commerce wholly within territory of such 
other country reserved to national aircraft, unless the aircraft have been 
registered under the laws of the country issuing the pilots' licenses and the 
license is valid for the operations in which the pilot is to engage. 

Article 6 

The present arrangement shall be subject to termination by either Party 
upon sixty days' notice given to the other Party or by enactment by either 
Party of legislation inconsistent therewith. 

I shall be glad to have you inform me whether it is the understanding of 
your Government that the arrangement agreed to in the negotiations is as 
herein set forth. If so, it is suggested that the arrangement become effective 
on April 16, 1934. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Ruth Bryan Owen 

His Excellency 

Dr. P. Munch, 

Royal Minister for Foreign Affairs, 
Copenhagen. 



PILOT LICENSES— MARCH 14 AND 24, 1934 101 

The Minister of Foreign Affairs to the American Minister 

UDENRIGSMINISTBRIET 0.P.I. Journal Nr. 93.D.32 

Copenhagen, March 24, 1934 

Madam : 

I have the honor to acknowledge the receipt of the note of the 14th instant 
in which you communicated to me the text of the reciprocal arrangement 
between Denmark and the United States of America providing for the 
issuance by the one country of licenses to nationals of the other country 
authorizing them to pilot civil aircraft, as understood by you to have been 
agreed to during the negotiations, now terminated, between the two countries. 

The text which you have communicated to me is reproduced below : 

[For text of arrangement, see U.S. note, above.] 

I am glad to assure you that the foregoing text is what has been accepted 
by my Government in the course of the negotiations and is approved by it. 

In accordance with your suggestion it is understood that the arrangement 
will come into force on April 16, 1934. 

I avail myself of this opportunity to renew to you, Madame, the assurance 
of my high consideration. 

P. Munch 

Mrs. Ruth Bryan Owen, 

Minister of the United States of America. 



CERTIFICATES OF AIRWORTHINESS 

Exchange of notes at Copenhagen March 12 and 24, 1934, with text of 

arrangement 
Entered into force April 16, 1934 
Replaced by agreement of December 15, 1954 l 

48 Stat. 1868; Executive Agreement Series 60 

The American Minister to the Minister of Foreign Affairs 

Legation of the United States of America 
no. 47 Copenhagen, March 12, 1934 

Excellency: 

Reference is made to the negotiations which have taken place between the 
Government of the United States of America and the Government of Den- 
mark for the conclusion of a reciprocal arrangement between the United 
States of America and Denmark providing for the acceptance by the one 
country of certificates of airworthiness for aircraft exported from the other 
country as merchandise. 

It is my understanding that it has been agreed in the course of the negotia- 
tions, now terminated, that this arrangement shall be as follows : 

Article 1 

The present arrangement applies to civil aircraft constructed in continental 
United States of America, exclusive of Alaska, and exported to Denmark; 
and to civil aircraft constructed in Denmark and exported to continental 
United States of America, exclusive of Alaska. 

Article 2 

The same validity shall be conferred on certificates of airworthiness issued 
by the competent authorities of the Government of the United States in re- 
spect of aircraft subsequently registered in Denmark as if they had been 
issued under the regulations in force on the subject in Denmark provided that 
in each case a certificate of airworthiness for export has also been issued by 



1 5UST2995;TIAS3158. 
102 



CERTIFICATES OF AIRWORTHINESS— MARCH 12 AND 24, 1934 103 

the United States authorities in respect of the individual aircraft, and pro- 
vided that certificates of airworthiness issued by the competent authorities 
of Denmark in respect of aircraft subsequently registered in the United 
States of America are similarly given the same validity as if they had been 
issued under the regulations in force on the subject in the United States. 

Article 3 

The above arrangement will extend to civil aircraft of all categories, in- 
cluding those used for public transport and those used for private purposes. 

Article 4 

The present arrangement shall be subject to termination by either Party 
upon sixty days' notice given to the other Party or by the enactment of either 
Party of legislation inconsistent therewith. 

I shall be glad to have you inform me whether it is the understanding of 
your Government that the arrangement agreed to in the negotiations is as 
herein set forth. If so, it is suggested that the arrangement become effective 
on April 16, 1934. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Ruth Bryan Owen 
His Excellency 

Dr. P. Munch, 

Royal Minister for Foreign Affairs, 
Copenhagen. 



The Minister of Foreign Affairs to the American Minister 

UDENRIGSMINISTERIET 0.P.I. Journal Nr. 93.D.32 

Copenhagen, March 24, 1934 

Madam : 

I have the honor to acknowledge the receipt of the note of the 1 2th instant, 
in which you communicated to me the text of the reciprocal arrangement 
between Denmark and the United States of America providing for the ac- 
ceptance by the one country of certificates of airworthiness for aircraft ex- 
ported from the other country as merchandise, as understood by you to have 
been agreed to during the negotiations, now terminated, between the two 
countries. 

The text which you have communicated to me is reproduced below: 

[For text of arrangement, see U.S. note, above.] 

I am glad to assure you that the foregoing text is what has been accepted 
by my Government in the course of the negotiations and is approved by it. 



104 DENMARK 

In accordance with your suggestion it is understood that the arrangement 
will come into force on April 1 6, 1 934. 

I avail myself of this opportunity to renew to you, Madame, the assurance 
of my high consideration. 

P. Munch 
Mrs. Ruth Bryan Owens, 

Minister of the United States of America. 



EXTRADITION 

Convention signed at Washington May 6, 1936, supplementing treaty 

of January 6, 1902, as supplemented 
Senate advice and consent to ratification June 16, 1936 
Ratified by the President of the United States June 20, 1936 
Ratified by Denmark July 6, 1936 

Ratifications exchanged at Washington September 30, 1936 
Entered into force September 30, 1936 

Proclaimed by the President of the United States October 7, 1936 
Terminated June 18, 1968 1 

50 Stat. 1308; Treaty Series 911 

The President of the United States of America and His Majesty the King 
of Denmark and Iceland, agreeing to add to the list of extraditable crimes 
mentioned in Article II of the treaty for the extradition of criminals, signed 
at Washington on January 6, 1902, 2 and in Article II of the additional con- 
vention, signed November 6, 1905, 3 by means of an additional convention, 
have to that end appointed as their plenipotentiaries : 

The President of the United States of America : 

Cordell Hull, Secretary of State of the United States of America ; and 

His Majesty the King of Denmark and Iceland : 

Mr. Otto Wadsted, His Envoy Extraordinary and Minister Plenipotentiary 
at Washington; 

Who, after having communicated to each other their respective full powers, 
found in due and good form, have agreed upon the following articles: 

Article I 

In addition to the crimes and offenses mentioned in Article II of the treaty 
between the United States of America and Denmark for the extradition of 
criminals, signed at Washington on January 6, 1902, and in Article II of the 
additional convention, signed on November 6, 1905, extradition shall be 
granted also for: 



1 Pursuant to notice of termination given by Denmark Jan. 18, 1968. 

2 TS 405, ante, p. 38. 

3 TS 449, ante, p. 43. 

105 



106 DENMARK 

Crimes and offenses against the bankruptcy laws, provided the act in the 
United States of America is punishable as a felony and in Denmark may 
involve punishment of imprisonment for one year or a more severe penalty. 

Article II 

The present convention shall be considered as an integral part of the said 
extradition treaty of January 6, 1902, and shall be ratified according to the 
respective laws of the two contracting parties. The ratifications shall be ex- 
changed at Washington as soon as possible. 

In Testimony Whereof, the respective plenipotentiaries have signed the 
present convention both in the English and Danish languages and have affixed 
their seals to it. 

Done in duplicate, at the City of Washington, this sixth day of May, 
nineteen hundred and thirty-six. 

Cordell Hull [seal] 

Otto Wadsted [seal] 



DEFENSE OF GREENLAND 

Agreement signed at Washington April 9, 1941 ; exchange of notes at 

Washington April 7 and 9, 1941 
Entered into force April 9, 1941 
Terminated June 8, 1951, by agreement of April 27, 1951 * 

55 Stat. 1245 ; Executive Agreement Series 204 

Agreement Relating to the Defense of Greenland 

Whereas : 

One. After the invasion and occupation of Denmark on April 9, 1940 by 
foreign military forces, the United Greenland Councils at their meeting at 
Godhavn on May 3, 1940 adopted in the name of the people of Greenland a 
resolution reiterating their oath of allegiance to King Christian X of Denmark 
and expressing the hope that, for as long as Greenland remains cut off from the 
mother country, the Government of the United States of America will con- 
tinue to hold in mind the exposed position of the Danish flag in Greenland, 
of the native Greenland and Danish population, and of established public 
order; and 

Two. The Governments of all of the American Republics have agreed 
that the status of regions in the Western Hemisphere belonging to European 
powers is a subject of deep concern to the American Nations, and that the 
course of military events in Europe and the changes resulting from them 
may create the grave danger that European territorial possessions in America 
may be converted into strategic centers of aggression against nations of the 
American Continent; and 

Three. Defense of Greenland against attack by a non-American power 
is essential to the preservation of the peace and security of the American 
Continent and is a subject of vital concern to the United States of America 
and also to the Kingdom of Denmark; and 

Four. Although the sovereignty of Denmark over Greenland is fully 
recognized, the present circumstances for the time being prevent the Govern- 
ment in Denmark from exercising its powers in respect of Greenland. 



l 2 UST 1485; TIAS 2292. 

107 



108 DENMARK 

Therefore, 

The undersigned, to wit: Cordell Hull, Secretary of State of the United 
States of America, acting on behalf of the Government of the United States 
of America, and Henrik de Kauffmann, Envoy Extraordinary and Minister 
Plenipotentiary of His Majesty the King of Denmark at Washington, acting 
on behalf of His Majesty the King of Denmark in His capacity as sovereign 
of Greenland, whose authorities in Greenland have concurred herein, have 
agreed as follows : 

Article I 

The Government of the United States of America reiterates its recognition 
of and respect for the sovereignty of the Kingdom of Denmark over Green- 
land. Recognizing that as a result of the present European war there is danger 
that Greenland may be converted into a point of aggression against nations 
of the American Continent, the Government of the United States of America, 
having in mind its obligations under the Act of Habana signed on July 30, 
1940,- accepts the responsibility of assisting Greenland in the maintenance 
of its present status. 

Article II 

It is agreed that the Government of the United States of America shall 
have the right to construct, maintain and operate such landing fields, sea- 
plane facilities and radio and meteorological installations as may be necessary 
for the accomplishment of the purposes set forth in Article I. 

Article III 

The grants of the rights specified in Article II shall also include the right 
to improve and deepen harbors and anchorages and the approaches thereto, 
to install aids to navigation by air and by water, and to construct roads, com- 
munication services, fortifications, repair and storage facilities, and housing 
for personnel, and generally, the right to do any and all things necessary to 
insure the efficient operation, maintenance and protection of such defense 
facilities as may be established. 

Article IV 

The landing fields, seaplane, harbor and other defense facilities that may 
be constructed and operated by the Government of the United States of 
America under Articles II and III will be made available to the airplanes and 
vessels of all the American Nations for purposes connected with the common 
defense of the Western Hemisphere. 



2 EAS 199, ante, vol. 3, p. 619. 



DEFENSE OF GREENLAND— APRIL 7 AND 9, 1941 109 

Article V 

It is agreed that the Government of the United States of America shall 
have the right to lease for such period of time as this Agreement may be in 
force such areas of land and water as may be necessary for the construction, 
operation and protection of the defense facilities specified in Articles II and 
III. In locating the aforesaid defense areas, the fullest consideration consist- 
ent with military necessity shall be given to the welfare, health and eco- 
nomic needs of the native population of Greenland. It is agreed, however, 
that since the paramount objective sought is the early attainment of an ade- 
quate defense establishment in Greenland, the utilization of any area deemed 
by the Government of the United States of America to be needed for this 
purpose shall not be delayed pending the reaching of an agreement upon 
the precise terms of a formal lease. A description of such areas, by metes and 
bounds, and a statement of the purpose for which they are needed shall in 
each case be communicated to the Danish authorities in Greenland as soon 
as practicable, and the negotiation of a formal lease shall be undertaken 
within a reasonable period of time thereafter. 

Article VI 

The Kingdom of Denmark retains sovereignty over the defense areas men- 
tioned in the preceding articles. So long as this Agreement shall remain in 
force, the Government of the United States of America shall have exclusive 
jurisdiction over any such defense area in Greenland and over military and 
civilian personnel of the United States, and their families, as well as over all 
other persons within such areas except Danish citizens and native Green- 
landers, it being understood, however, that the Government of the United 
States may turn over to the Danish authorities in Greenland for trial and 
punishment any person committing an offense within a defense area, if the 
Government of the United States shall decide not to exercise jurisdiction in 
such case. The Danish authorities in Greenland will take adequate measures 
to insure the prosecution and punishment in case of conviction of all Danish 
citizens, native Greenlanders, and other persons who may be turned over to 
them by the authorities of the United States, for offenses committed within 
the said defense areas. 

Article VII 

It is agreed that the Government of the United States of America shall 
have the right to establish and maintain postal facilities and commissary 
stores to be used solely by military and civilian personnel of the United States, 
and their families, maintained in Greenland in connection with the Green- 
land defense establishment. If requested by the Danish authorities in 
Greenland, arrangements will be made to enable persons other than those 
mentioned to purchase necessary supplies at such commissary stores as may 
be established. 



1 10 DENMARK 

Article VIII 

All materials, supplies and equipment for the construction, use and opera- 
tion of the defense establishment and for the personal needs of military and 
civilian personnel of the United States, and their families, shall be permitted 
entry into Greenland free of customs duties, excise taxes, or other charges, 
and the said personnel, and their families, shall also be exempt from all forms 
of taxation, assessments or other levies by the Danish authorities in Greenland. 

Article IX 

The Government of the United States of America will respect all legitimate 
interests in Greenland as well as all the laws, regulations and customs per- 
taining to the native population and the internal administration of Green- 
land. In exercising the rights derived from this Agreement the Government 
of the United States will give sympathetic consideration to all representations 
made by the Danish authorities in Greenland with respect to the welfare of 
the inhabitants of Greenland. 

Article X 

This Agreement shall remain in force until it is agreed that the present 
dangers to the peace and security of the American Continent have passed. 
At that time the modification or termination of the Agreement will be the 
subject of consultation between the Government of the United States of 
America and the Government of Denmark. After due consultation has taken 
place, each party shall have the right to give the other party notice of its 
intention to terminate the Agreement, and it is hereby agreed, that at the 
expiration of twelve months after such notice shall have been received by 
either party from the other this Agreement shall cease to be in force. 

Signed at Washington in duplicate, in the English and Danish languages, 
both texts having equal force, this ninth day of April, nineteen hundred and 
forty-one. 

Cordell Hull [seal] 

Secretary of State 

of the United States of America 

Henrik Kauffmann [seal] 

Envoy Extraordinary and Minister 
Plenipotentiary of His Majesty 

the King of Denmark at Washington 



DEFENSE OF GREENLAND— APRIL 7 AND 9, 1941 HI 

Exchange of Notes 
The Secretary of State to the Danish Minister 

Department of State 

Washington 
April 7, 1941 

Sir: 

I have the honor to refer to the informal conversations which you have had 
with officers of the Department of State during which the concern of the 
Government of the United States was expressed over the effect of recent 
military developments, particularly affecting Greenland, upon the main- 
tenance of the peace and security of the United States and the rest of the 
American Continent. 

You are also aware of the interest of the Government of the United States 
in maintaining unimpaired the safety of Greenland and the sovereignty of 
Denmark over that island. My Government has continuously had in mind 
the desire expressed by the United Greenland Councils at their meeting at 
Godhavn on May 3, 1940 that the Government of the United States of 
America would continue to hold in mind the exposed position of the Danish 
flag in Greenland and of the native Greenland and Danish population of 
the island. 

My Government has taken note of the unusual situation in which Green- 
land now finds itself. The Kingdom of Denmark is at present under occu- 
pation by a foreign army. The Government of the United States has 
condemned that invasion as a violation of Danish sovereign rights, and has 
repeatedly expressed its friendly concern and its most earnest hope for the 
complete and speedy liberation of Denmark. Although the Government of 
the United States fully recognizes the sovereignty of the Kingdom of Den- 
mark over Greenland, it is unhappily clear that the Government in Den- 
mark is not in a position to exercise sovereign power over Greenland so long 
as the present military occupation continues. 

Greenland is within the area embraced by the Monroe Doctrine and by 
the Act of Havana, with which you are familiar, and its defense against 
attack by a non-American power is plainly essential to the preservation of 
the peace and security of the American continent, and of the traditional 
policies of this Government respecting the Western Hemisphere. 

My Government has consequently proposed measures for the adequate 
defense of Greenland consistent with the obligations of the United States 
under the Act of Havana signed on July 30, 1940. In doing so it is animated 
by sentiments of the completest friendliness for Denmark, and believes that by 



112 DENMARK 

taking these steps it is safeguarding the eventual re-establishment of the 
normal relationship between Greenland and the Kingdom of Denmark. 

I have the honor to enclose a draft of the proposed agreement relating to 
the defense of Greenland, which I believe embodies the ideas agreed upon 
in the course of our various conversations. 

Accept, Sir, the renewed assurances of my highest consideration. 



Cordell Hull 



Enclosure : 

Draft of Agreement 

The Honorable 

Henrik de Kauffmann, 
Minister of Denmark. 



The Danish Minister to the Secretary of State 

Royal Danish Legation 

Washington, D. C. 

April 9, 1941 

Sir: 

I have received your note of the seventh instant concerning the defense of 
Greenland together with a draft of a proposed agreement regarding the same 
subject. 

It is with appreciation that I note your renewed assurance that, although 
the present circumstances prevent the Government in Denmark for the time 
being from exercising its powers in respect of Greenland, your Government 
fully recognizes the Sovereignty of the Kingdom of Denmark over the island. 
At the same time I wish to convey to you my feelings of gratitude for the 
expression of friendly concern of your Government and its earnest hope for 
the complete and speedy liberation of Denmark. 

I share your view that the proposed agreement, arrived at after an open 
and friendly exchange of views, is, under the singularly unusual circum- 
stances, the best measure to assure both Greenland's present safety and the 
future of the island under Danish Sovereignty. 

Furthermore, I am of the opinion that the terms of the agreement protect, 
as far as possible, the interests of the native population of Greenland whose 
welfare traditionally has been the paramount aim of Denmark's policy in 
Greenland. 

I, therefore, shall accept and sign the agreement as proposed, acting on 
behalf of His Majesty, the King of Denmark, in His capacity of Sovereign 
over Greenland, whose authorities in Greenland have concurred herein. 



DEFENSE OF GREENLAND— APRIL 7 AND 9, 1941 113 

1 avail myself of this opportunity to renew to you, Mr. Secretary of State, 
the assurances of my highest consideration. 



Henrik Kauffmann 



The Honorable 

Cordell Hull, 

Secretary of State, 

Department of State, Washington, D. C. 



AIR TRANSPORT SERVICES 

Exchange of notes at Washington December 16, 1944, supplementing 
arrangement of March 12 and 24, 1934 

Entered into force provisionally January 1, 1945; definitively Septem- 
ber 29, 1945 

Annex amended by agreements of October 23 and December 5, 1945, 
and March 21, 1946, 1 and August 6, 1954; 2 annex replaced by 
agreements of July 8, 1958, 3 and June 7 , 1966 4 

58 Stat. 1485 ; Executive Agreement Series 430 

The Secretary of State to the Danish Minister 

Department of State 

Washington 
December 16, 1944 

Sir: 

I have the honor to refer to discussions which have recently taken place at 
the International Civil Aviation Conference in Chicago between you and 
representatives of the Government of the United States of America, for the 
conclusion of a reciprocal air transport agreement. 

It is my understanding that these discussions, now terminated, have result- 
ed in the following agreement : 

Agreement Between the United States of America and Denmark 
Relating to Air Transport Services 

The Governments of the United States of America and Denmark signed 
on March 12 and 24, 1934, 5 an air navigation arrangement relating to the 
operation of civil aircraft of the one country in the territory of the other coun- 
try, in which each party agreed that consent for the operations over its terri- 
tory by air transport companies of the other party might not be refused on 
unreasonable or arbitrary grounds. Pursuant to the aforementioned arrange- 



'TIAS \519, post, p. 119. 
2 5UST 1422; TIAS 3014. 
3 9UST 1005; TIAS 4071. 
1 17UST 712; TIAS 6021 
6 EAS 58, ante, p. 92. 



114 



AIR TRANSPORT SERVICES— DECEMBER 16, 1944 115 

ment of 1934, the Government of the United States of America and the 
Danish Minister in Washington on behalf of Denmark hereby conclude the 
following supplementary arrangement covering the operation of scheduled 
airline services : 

Article 1 

The contracting parties grant the rights specified in the Annex hereto 
necessary for establishing the international civil air routes and services therein 
described, whether such services be inaugurated immediately or at a later date 
at the option of the contracting party to whom the rights are granted. 

Article 2 

(a) Each of the air services so described shall be placed in operation as 
soon as the contracting party to whom the rights have been granted by Article 
1 to designate an airline or airlines for the route concerned has authorized 
an airline for such route, and the contracting party granting the rights shall, 
subject to Article 6 hereof, be bound to give the appropriate operating 
permission to the airline or airlines concerned; provided that the airline so 
designated may be required to qualify before the competent aeronautical 
authorities of the contracting party granting the rights under the laws and 
regulations normally applied by these authorities before being permitted to 
engage in the operations contemplated by this agreement; and provided that 
in areas of hostilities or of military occupation, or in areas affected thereby, 
such inauguration shall be subject to the approval of the competent military 
authorities. 

(b) It is understood that either contracting party granted commercial 
rights under this agreement should exercise them at the earliest practicable 
date except in the case of temporary inability to do so. 

Article 3 

In order to prevent discriminatory practices and to assure equality of treat- 
ment, both contracting parties agree that : 

(a) Each of the contracting parties may impose or permit to be imposed 
just and reasonable charges for the use of public airports and other facilities 
under its control. Each of the contracting parties agrees, however, that these 
charges shall not be higher than would be paid for the use of such airports and 
facilities by its national aircraft engaged in similar international services. 

(b) Fuel, lubricating oils and spare parts introduced into the territory 
of one contracting party by the other contracting party or its nationals, and 
intended solely for use by aircraft of such other contracting party shall 
be accorded national and most-favored-nation treatment with respect to the 
imposition of customs duties, inspection fees or other national duties or 
charges by the contracting party whose territory is entered. 

259-3S3— 71 9 



116 DENMARK 

(c) The fuel, lubricating" oils, spare parts, regular equipment and air- 
craft stores retained on board civil aircraft of the airlines of one contracting 
party authorized to operate the routes and services described in the Annex 
shall, upon arriving in or leaving the territory of the other contracting party, 
be exempt from customs, inspection fees or similar duties or charges, even 
though such supplies be used or consumed by such aircraft on flights in that 
territory. 

Article 4 

Certificates of airworthiness, certificates of competency and licenses issued 
or rendered valid by one contracting party shall be recognized as valid by 
the other contracting party for the purpose of operating the routes and serv- 
ices described in the Annex. Each contracting party reserves the right, how- 
ever, to refuse to recognize, for the purpose of flight above its own territory, 
certificates of competency and licenses granted to its own nationals by 
another State. 

Article 5 

(a) The laws and regulations of one contracting party relating to the ad- 
mission to or departure from its territory of aircraft engaged in international 
air navigation, or to the operation and navigation of such aircraft while with- 
in its territory, shall be applied to the aircraft of the other contracting party 
without distinction as to nationality, and shall be complied with by such air- 
craft upon entering or departing from or while within the territory of the 
first party. 

(b) The laws and regulations of one contracting party as to the admis- 
sion to or departure from its territory of passengers, crew, or cargo of aircraft, 
such as regulations relating to entry, clearance, immigration, passports, cus- 
toms, and quarantine shall be complied with by or on behalf of such pas- 
sengers, crew or cargo of the other contracting party upon entrance into or 
departure from, or while within the territory of the first party. 

Article 6 

Each contracting party reserves the right to withhold or revoke a certificate 
or permit to an airline of the other party in any case where it is not satisfied 
that substantial ownership and effective control are vested in nationals of a 
party to this agreement, or in case of failure of an airline to comply with the 
laws of the State over which it operates as described in Article 5 hereof, or to 
perform its obligations under this agreement. 

Article 7 

This agreement and all contracts connected therewith shall be registered 
with the Provisional International Civil Aviation Organization. 



AIR TRANSPORT SERVICES— DECEMBER 16, 1944 117 

Article 8 

Either contracting party may terminate the rights for services granted by it 
under this agreement by giving one year's notice to the other contracting 
party. 

Article 9 

Except as may be modified by the present agreement, the general principles 
of the aforementioned air navigation arrangement of 1 934, as applicable to 
scheduled air transport services, shall continue in force until otherwise agreed 
upon by the two contracting parties. 

Article 10 6 

In the event either of the contracting parties considers it desirable to mod- 
ify the routes or conditions set forth in the attached Annex, it may request 
consultation between the competent authorities of both contracting parties, 
such consultation to begin within a period of sixty days from the date of the 
request. When these authorities mutually agree on new or revised conditions 
affecting the Annex, their recommendations on the matter will come into 
effect after they have been confirmed by an exchange of diplomatic notes. 

ANNEX TO AIR TRANSPORT AGREEMENT BETWEEN THE 
UNITED STATES OF AMERICA AND DENMARK 7 

A. Airlines of the United States authorized under the present agreement 
are accorded rights of transit and non-traffic stop in Danish territory, includ- 
ing Greenland, as well as the right to pick up and discharge international 
traffic in passengers, cargo and mail at Copenhagen, on the following route: 

The United States to Denmark and points beyond, via intermediate 
points; in both directions. 

B. Airlines of Denmark authorized under the present agreement are 
accorded rights of transit and non-traffic stop in the territory of the United 
States, as well as the right to pick up and discharge international traffic in 
passengers, cargo and mail at New York or Chicago, on the following route : 

Denmark to the United States, via intermediate points; in both 
directions. 

You will, of course, understand that this agreement may be affected by 
subsequent legislation enacted by the Congress of the United States. 



6 For an agreement of Aug. 6, 1954, deleting art. 10 and inserting new arts. 10-15, 
see 5 UST 1422; TIAS 3014. 

'For amendments to annex, sec agreement of Oct. 23 and Dee. 5, 1945, and Mar. 21, 
1946 (TIAS 1519), post, p. 119; for complete revisions, see agreements of July 8, 1958 
(9 UST 1005; TIAS 4071), and June 7, 1966 (17 UST 712; TIAS 6021). 



118 DENMARK 

I shall be glad to have you inform me whether it is your understanding that 
the terms of the agreement resulting from the discussions are as above set forth. 
If so, it is suggested that the agreement enter into force provisionally on 
January 1, 1945 and definitively upon confirmation by a free Danish Govern- 
ment when such a Government shall have been established following the 
liberation of Denmark. If you concur in this suggestion the Government of 
the United States will regard the proposal as becoming effective under these 
terms. 

Accept, Sir, the renewed assurances of my highest consideration. 

For the Secretary of State : 
Stokeley W. Morgan 

The Honorable 

Henrik de Kauffmann, 
Minister of Denmark 



The Danish Minister to the Secretary of State 

Royal Danish Legation 

Washington, D.C. 

December 16, 1944 

Sir: 

I have the honor to acknowledge the receipt of your note of December 16, 
1944 in which you communicated to me the terms of a recipocal air trans- 
port agreement between Denmark and the United States of America, as 
understood by you to have been agreed to in discussions, now terminated, 
between myself and representatives of the Government of the United States 
at the International Civil Aviation Conference in Chicago. 

The terms of this agreement which you have communicated to me are 
as follows : 

[For text of agreement, see U.S. note, above.] 

In reply, I take pleasure in stating that the terms of the agreement as 
communicated to me are acceptable. Furthermore, I am pleased to accept 
your suggestion that the agreement enter into force provisionally on January 
1, 1945, and definitively upon confirmation by a free Danish Government, 
when such Government shall have been established following the liberation 
of Denmark. 

I avail myself of the occasion to renew to you, Sir, the assurances of my 
highest consideration. 

Henrik Kauffmann 

The Honorable 

Edward R. Stettinius, Jr., 

Secretary of State. 



AIR TRANSPORT SERVICES 

Exchange of notes at Washington October 23 and December 5, 1945, 
and March 21, 1946, amending agreement of December 16, 1944 
Entered into force At arch 21, 1946 
Terminated by agreement of July 8, 1958 1 

60 Stat. 1646; Treaties and Other 
International Acts Series 1519 

The Danish Minister to the Secretary of State 

Royal Danish Legation 

Washington, D.C. 

October 23, 1945 

Sir, 

On December 16, 1944, an Agreement Relating to Air Transport Services 
was concluded between Denmark and the United States of America, 2 effec- 
tive provisionally from January 1, 1945. Acting upon instruction from my 
Government, I now have the honor to advise you that by Royal decree of 
September 29, 1945, this Air Transport Agreement has been confirmed by 
the Danish Government. 

At the same time I beg to inform you that I have been instructed to dis- 
cuss with the American authorities the following two amendments to the 
Agreement (I and II) of which No. I is proposed by the Danish Govern- 
ment and No. II by the American Government : 

I 

The Danish Government would appreciate as a matter of reciprocity to 
have the last lines of paragraph B in the Annex to the Air Transport Agree- 
ment amended to read as follows : 

"Denmark to the United States and points beyond via immediate points; 
in both directions." 

II 

With reference to paragraph A of the Annex to the Air Transport Agree- 
ment, the American Government has expressed a wish through the American 
Legation in Copenhagen that a clause be inserted at the end of the paragraph, 
reading as follows : 



'9 UST 1005; TIAS 4071. 
2 EAS 430, ante, p. 114. 



119 



120 DENMARK 

"Rights of transit and non-traffic stop are granted United States airlines 
in the territory of Greenland on a route between the United States and 
Europe." 

I shall be much obliged if you will be good enough to inform me whether 
the American Government is prepared to conclude a revised Agreement con- 
taining the above mentioned amendments to the text of the Annex to the Air 
Transport Agreement. 

I avail myself of this opportunity to renew to you, Sir, the assurances of 
my highest consideration. 

Henrik Kauffmann 

The Honorable 

James F. Byrnes 
Secretary of State 

Department of State 
Washington, D.C. 



The Secretary of State to the Danish Minister 

Dec 5 1945 

Sir: 

I have received your note of October 23, 1945 in which you advise the 
Department that by Royal decree of September 29, 1945 the Air Transport 
Agreement between the United States of America and Denmark, effective 
provisionally from January 1, 1945, has been confirmed by the Danish 
Government. 

The Department is gratified at this action, and is pleased to advise you 
that it considers this agreement as being definitively in force as from the date 
of the aforementioned Royal decree. 

You also inform the Department that you have been instructed to discuss 
with the American authorities two amendments to the Agreement as follows. 

1 . A change of the last lines in Section B of the Annex amending them 
to read as follows : 

"Denmark to the United States and points beyond, via intermediate 
points; in both directions." 

I am pleased to inform you that the Department agrees to this change in 
wording suggested by the Danish Government. 

You also inform the Department that the Danish Government accepts the 
suggestion of the American Government that a clause be inserted at the end 
of Section A of the Annex, the effect of which would be to grant rights of 
transit and non-traffic stop in Greenland to United States airlines operating 



AIR TRANSPORT SERVICES— OCT. 23, 1945-MAR. 21, 1946 121 

between the United States and Europe. Since the first paragraph of Section A 
already grants these rights to United States air services operating on the route 
to Denmark, it is now suggested for purposes of clarity that the proposed final 
paragraph of Section A read as follows : 

"Rights of transit and non-traffic stop with respect to Greenland are also 
granted to United States airlines on a route or routes between the United 
States and Europe." 

If the revisions of Sections A and B of the Annex as set forth above are 
agreeable to the Danish Government, my Government will be pleased to 
consider the revised Agreement effective as from the date of the Danish Gov- 
ernment's reply of acceptance. 

Accept, Sir, the renewed assurances of my highest consideration. 

For the Secretary of State: 

William L. Clayton 
The Honorable 

Henrik de Kauffmann, 
Minister of Denmark. 



The Danish Minister to the Secretary of State 

Royal Danish Legation 

Washington, D.C. 
93D. b /i (2) March 21, 1946 

Sir: 

I have the honor to advise you that after receiving your note of December 
5th regarding the Air Transport Agreement between the United States of 
America and Denmark of December 16, 1944, I passed the contents of the 
note on to the Ministry for Foreign Affairs in Copenhagen. 

I have now been instructed to inform you that the Danish Government 
agrees to the two amendments to Section A and B of the Annex to the 
Agreement as set forth in your aforementioned note and that the revised 
Agreement will become effective as from today's date. 

I avail myself of this opportunity to renew to you, Sir, the assurances of 
my highest consideration. 

Henrik Kauffmann 

The Honorable 

James F. Byrnes 
Secretary of State 

Department of State 
Washington, D.C. 



SPECIAL TARIFF POSITION OF PHILIPPINES 

Exchange of notes at Washington May 4 and September 10, 1946, 

modifying convention of April 26, 1826 
Entered into force September 10, 1946 
Convention replaced July 30, 1961, by treaty of October 1, 1951 1 

61 Stat. 2439; Treaties and Other 
International Acts Series 1572 



The Acting Secretary of State to the Danish Charge d' Affaires ad interim 

Department of State 

Washington 

May 4 1946 
Sir: 

With reference to the forthcoming independence of the Philippines on 
July 4, 1946, my Government considers that provision for a transitional 
period for dealing with the special tariff position which Philippine products 
have occupied for many years in the United States is an essential accompani- 
ment to Philippine independence. Accordingly, under the Philippine Trade 
Act approved April 30, 1946, 2 goods the growth, produce or manufacture 
of the Philippines will enter the United States free of duty until 1954, after 
which they will be subject to gradually and regularly increasing rates of duty 
or decreasing duty-free quotas until 1974 when general rates will become 
applicable and all preferences will be completely eliminated. 

Since the enactment of the Philippine Independence Act approved 
March 24, 1934, 3 my Government has foreseen the probable necessity of pro- 
viding for such a transitional period and has since then consistently excepted 
from most-favored-nation obligations which it has undertaken toward foreign 
governments advantages which it might continue to accord to Philippine 
products after the proclamation of Philippine independence. Some thirty 
instruments in force with other governments, for example, permit the con- 
tinuation of the exceptional tariff treatment now accorded by my Govern- 



M2UST908;TIAS4797. 

2 60 Stat. 141. 

3 48 Stat. 456. 



122 



TARIFF POSITION OF PHILIPPINES— MAY 4 AND SEPT. 10, 1946 123 

ment to Philippine products, irrespective of the forthcoming change in the 
Commonwealth's political status. 

With a view, therefore, to placing the relations between the United States 
and Denmark upon the same basis, with respect to the matters involved, as 
the relations existing under the treaties and agreements referred to in the 
preceding paragraph, my Government proposes that the most-favored-na- 
tion provisions of the Treaty of Friendship, Commerce and Navigation be- 
tween the United States and the Kingdom of Denmark signed April 26, 
1826, 4 shall not be understood to require the extension to Denmark of advan- 
tages accorded by the United States to the Philippines. 

In view of the imminence of the inauguration of an independent Philip- 
pine Government, I should be glad to have the reply of your Government 
to this proposal at an early date. 

Accept, Sir, the renewed assurances of my high consideration. 

Dean Acheson 
Acting Secretary of State 

Mr. Carl A. C. Brun, 

Charge d' Affaires ad interim of Denmark. 



The Danish Minister to the Acting Secretary of State 

September 10, 1946 

Sir: 

I have the honor to acknowledge receipt of the Department of State's note 
of May 4th, according to which the Government of the United States of 
America considers that provision for a transitional period for dealing with 
the special tariff position which the Philippines products have occupied for 
many years in the United States, is an essential accompaniment to Philippine 
independence. 

Accordingly, under the Philippine Trade Act approved April 30, 1946, 
goods the growth, produce or manufacture of the Philippines, will enter the 
United States free of duty until 1954, after which they will be subject to 
gradually and regularly increasing rates of duty or decreasing duty-free 
quotas until 1974 when general rates will become applicable and all prefer- 
ences will be completely eliminated. 

Upon instructions received, I have the honor to inform you that the Danish 
Government agree that the most-favorcd-nation provisions of the Treaty of 
Friendship, Commerce and Navigation between the United States and the 
Kingdom of Denmark signed on April 26, 1826, shall not be understood to 



4 TS 65, ante, p. 1. 

259-333—71 10 



124 DENMARK 

require during the said period the extension to Denmark of the above- 
mentioned advantages accorded by the United States of America to the 
Republic of the Philippines. 

I avail myself of this opportunity to renew to you, Sir, the assurances of 
my highest consideration. 

Povl Bang-Jensen 

The Honorable 

William L. Clayton 

Acting Secretary of State 
Department of State 
Washington, D.C. 



AIR SERVICE FACILITIES: KASTRUP AIRPORT 

Exchange of notes at Copenhagen September 26 and October 1 , 1946 
Entered into force October 1 , 1946 

61 Stat. 3851 ; Treaties and Other 
International Acts Series 1734 

The American Minister to the Minister of Foreign Affairs 

American Legation 
Copenhagen, Denmark 

no. 304 September 26, 1946 

Excellency : 

I have the honor to refer to the Legation's Aide Memoire of April 30, 1946, 
with regard to the United States Amiy air navigation, air communication 
and weather facilities located at Kastrup airport and to the communication 
of July 9, 1946, from Direktoren for Luftfartsvaesenet on the same subject. 

I am instructed by my Government to inform Your Excellency that my 
Government is prepared to turn over to the Royal Danish Government the 
facilities mentioned above, under the following arrangement: 

"The Danish Government agree: 

1. To operate and maintain the facilities in a manner adequate for the 
air traffic in the airport at which the facilities are located and along the 
recognized international air routes converging on that airport and in pur- 
suance of the rules for the time being in force within PICAO, 1 of which 
Denmark is a member. 

2. To provide on a non-discriminatory basis the service of the facilities 
to all aircraft under the rules of PICAO. All messages permitted under 
PICAO shall be conveyed, and computation of charges, if any, shall also 
be made in pursuance of the rules of PICAO. 

3. To instruct the Danish Meteorological Aeronautical Service to take 
care that the messages necessary for the air traffic and the meteorological 
institutions are transmitted according to the rules laid down by PICAO and 
OMI, and to transmit to aircraft over Danish territory the messages neces- 
sary for the air traffic. 



1 EAS 469, ante, vol. 3, p. 929. 

125 



1 26 DENMARK 

4. To keep and operate the facilities in the airport of Copenhagen until 
new facilities are supplied in pursuance of the rules fixed by PICAO, or until 
it may be agreed upon between the Danish and United States Governments 
that there is no longer a need for the original facilities for complying with 
PICAO's rules. The Danish Government agree that the facilities will be 
devoted exclusively to the aeronautical service and will not be diverted to 
other communication service. 

5. To provide staff at the air, ground, and tower services in pursuance 
of the PICAO's rules. The Danish authorities will, if and when in their 
opinion it is of importance for the service, call in a representative of the 
owner of the aircraft concerned. 

6. To use to the necessary extent the frequencies for air, ground, and 
control tower operations laid down by PICAO. 

7. To permit direct contact between the Sections of the Civil Air Depart- 
ment in the airport of Copenhagen and the local representatives of USA 
airlines. 

The United States Government agrees : 

1. To include in the transfer of the facilities one year's consumption of 
maintenance parts and expendable supplies, wherever their stocks permit. 

2. To do everything possible to assist the Government of Denmark or 
its representatives in purchasing through regular commercial channels main- 
tenance parts and expendable supplies for the operation of the facilities." 

I should appreciate being advised by Your Excellency whether the Royal 
Danish Government is likewise agreeable to this arrangement so that neces- 
sary documents of transfer may be completed by the competent authorities 
of our two Governments. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Josiah Marvel, Jr., 

His Excellency 

Gustav Rasmussen 

Royal Minister for Foreign Affairs, 
Copenhagen 



The Minister of Foreign Affairs to the American Minister 

UDENRIGSMINISTERIET 0.P. III. Journal Nr. 93, Dan. 1/3 

Copenhagen, October 1, 1946 

Monsieur le Ministre, 

I have the honour to acknowledge with thanks the receipt of your note 
No. 304 of September 26, 1946, in which you have been good enough to 



KASTRUP AIRPORT— SEPTEMBER 26 AND OCTOBER 1, 1946 127 

inform me of the terms of an arrangement between Denmark and the United 
States of America, under which the American Government is prepared to 
transfer to the Danish Government the United States Army air navigation, 
air communication and weather facilities located at Kastrup airport. 

In reply, I have the honour to inform you, that the Danish Government 
accept this arrangement, which reads as follows : 

[For text of arrangement, see U.S. note, above.] 

I avail myself of this opportunity to renew to you, Monsieur le Ministre, 
the assurances of my highest consideration. 

Gustav Rasmussen 

Monsieur Josiah Marvel, Jr., 

Minister of the United States of America, 
Copenhagen. 



WAIVER OF VISA FEES FOR NONIMMIGRANTS 

Exchange of notes at Copenhagen June 9 and 21 and July 7 and 8, 

1947 
Entered into force July 8, 1947 
Supplemented by agreement of April 30 and May 1, 1958 l 

62 Stat. 4068; Treaties and Other 
International Acts Series 2110 

The American Embassy to the Ministry for Foreign Affairs 

American Embassy 
Copenhagen, June 9, 1947 



AIDE MEMOIRE 



It is understood that the Danish Embassy at Washington has informally 
discussed with the Department of State the possibility of effecting a reciprocal 
arrangement for the abolition of non-immigrant passport visa requirements. 
Unfortunately Section 30 of the Alien Registration Act of 1940 2 makes it 
impossible for the United States Government to enter into an agreement for 
the abolition of visas for persons entering the United States. 

However, should the Danish Government feel disposed to waive visa re- 
quirements for American citizens entering Denmark for a temporary period, 
the Government of the United States would be inclined to grant gratis visas 
valid for twenty-four months to Danish subjects coming to the United States 
for a temporary visit. Such visas would be valid for any number of entries 
into the United States or United States territoiy within the period above 
mentioned, provided the non-immigrant status of the bearer is maintained 



1 In an exchange of notes at Washington April 30 and May 1, 1958 (not printed), the 
United States and Denmark agreed that: 

"1. American citizens who wish to stay in Denmark for a period exceeding three 
months after the entry from a non-Nordic country into one of the countries party to the 
above-mentioned convention [convention of July 12, 1957, between Denmark, Finland, 
Norway, and Sweden regarding abolition of passport control at inter-Nordic frontiers] 
must apply for a residence permit in Denmark. 

"2. The time-limit of three months will be counted from and including the date of his last 
entry into the territory of the said Nordic countries. A visitor who during the last six 
months before his last entry has been staying in one of the Nordic countries will, however, 
have such a period of stay deducted from the said period of three months." 

2 54 Stat. 673. 

128 



VISA FEES— JUNE 9-JULY 8, 1947 129 

at the time of each application for admission. The period of validity of a visa 
relates only to the period within which it may be used in connection with 
an application for admission to the United States, but does not refer to the 
length of the stay of the alien in the United States, which is a matter within 
the discretion of the immigration authorities. 

C.T.S. 
Royal Ministry for Foreign Affairs, 
Copenhagen. 



The Ministry for Foreign Affairs to the American Embassy 

UDENRIGSMINISTERIET A. Journal Nr. 36. D. 57. a. 

NOTE VERBALE 

Referring to the American Embassy's Aide Memoire no. 261 of Septem- 
ber 3rd, 1946, regarding American joint passports being valid for entry into 
Denmark and later conversations on the same subject the Ministry for 
Foreign Affairs have the honour to inform the Embassy that the Ministry 
of Justice have informed the authorities concerned that American passports 
including the bearer's wife and children under 21 years of age are valid for 
entry into Denmark as from June 14th, 1947. 2 copies of the circular 
regarding this matter are enclosed. 3 

Furthermore the Ministry of Justice have agreed in principle to the 
abolition of non-immigrant visa requirements for United States citizens com- 
ing to Denmark provided that the visa facilities mentioned in the Embassy's 
Aide Memoire of June 9th, 1947, be granted Danish subjects visiting the 
United States. 

In order to expedite the abovementioned visa arrangement the Ministry for 
Foreign Affairs would appreciate at the earliest convenience to be informed 
of the American Government's attitude towards the matter. 

Copenhagen, June 21st, 1947. 

[SEAL] 

The American Embassy, 
Copenhagen. 



The Ministry for Foreign Affairs to the American Embassy 

UDENRIGSMINISTERIET A. Journal Nr. 36. D. 57. a. 

NOTE VERBALE 

The Ministry for Foreign Affairs present their compliments to the Amer- 
ican Embassy and with reference to their note verbale of June 21st, 1947, 

'' Not printed here. 



130 DENMARK 

have the honour to inform the Embassy that according to a decree issued by 
the Ministry of Justice on June 27th, 1947, no visas are required as from 
that date for citizens of the United States of America visiting Denmark. 

In case it is desired to extend the visit for a period exceeding 3 months, or, 
if the visitor should wish to take up employment in this country, an application 
to that effect must be submitted to the competent Danish authorities. 

Copenhagen, July 7 th, 1947. 

[seal] 

The American Embassy, 
Copenhagen. 



The American Embassy to the Ministry for Foreign Affairs 

American Embassy 
no. 142 Copenhagen, Denmark, July 8, 1947 

The American Embassy presents its compliments to the Royal Ministry 
for Foreign Affairs and has the honor to acknowledge the receipt of the 
Ministry's note verbale (A. Journal Nr. 36. D. 57. a.) of July 7, 1947. It 
is noted with satisfaction that according to a decree issued by the Ministry 
of Justice on June 27, 1947, visas are no longer required for citizens of the 
United States of America visiting Denmark. Note has also been taken of 
the fact that this decree does not affect the length of stay in the country and 
that application must be made to the competent Danish authorities if the 
stay exceeds three months or if the visitor wishes to take employment in 
Denmark. 

The United States Government in view of the above action regarding 
requirements for United States citizens proceeding to Denmark, has au- 
thorized its consular offices to issue to non-immigrant Danish subjects, other 
than officials, visas valid for any number of entries into the United States 
and its possessions during the period of 24 months from the date of issuance, 
provided they hold valid Danish passports and continue to maintain non- 
immigrant status. The period of validity of the visa relates to the period 
within which the visa is used for presentation at a port of entry and not to 
the length of stay in the United States, which is a matter for determination by 
the immigration or other appropriate authorities. The provisions of the 
agreement of July 1925 4 relative to the waiver of visa fees for non-immi- 
grants continue in effect. 

C.T.S. 
Royal Ministry for Foreign Affairs 
Copenhagen, Denmark 

* Ante, p. 76. 



DOUBLE TAXATION: TAXES ON INCOME 

Convention signed at Washington May 6, 1948 

Senate advice and consent to ratification, with a reservation, June 17, 

1948 ' 
Ratified by Denmark, with the exception of article XII, November 23, 

1948 
Ratified by the President of the United States, with a reservation, 

November 24, 1948 1 
Ratifications exchanged at Washington December 1, 1948 
Entered into force December I, 1948; operative from January 1, 1948, 

for United States tax and April 1, 1948, for Danish tax 
Proclaimed by the President of the United States December 8, 1948 

62 Stat. 1730; Treaties and Other 
International Acts Series 1854 



The President of the United States of America and His Majesty the King 
of Denmark, desiring to conclude a convention for the avoidance of double 
taxation and the prevention of fiscal evasion with respect to taxes on income, 
have appointed for that purpose as their respective Plenipotentiaries : 

The President of the United States of America : 

Mr. George C. Marshall, Secretary of State of the United States of 
America, and 

His Majesty the King of Denmark: 

Mr. Henrik Kauffmann, Ambassador Extraordinary and Plenipotentiary 
of Denmark to the United States of America, who, having communicated to 
one another their full powers, found in good and due form, have agreed upon 
the following Articles : 

Article I 

( 1 ) The taxes referred to in this Convention are : 

( a ) In the case of the United States of America : 
The Federal income tax, including surtaxes. 



1 The U.S. reservation reads as follows: 

"The Government of the United States of America does not accept Article XII of the 
convention relating to gains from the sale or exchange of capital assets." 

131 



132 DENMARK 

(b) In the case of Denmark : 

The national income tax, including the war profits tax. 
The intercommunal income tax. 
The communal income tax. 

(2) The present Convention shall also apply to any other taxes of a 
substantially similar character imposed by either contracting State subse- 
quently to the date of signature of the present Convention. 

Article II 
( 1 ) As used in this Convention : 

(a) The term "United States" means the United States of America, 
and when used in a geographical sense includes only the States, the Territories 
of Alaska and Hawaii, and the District of Columbia. 

(b) The term "Denmark" means the Kingdom of Denmark; the pro- 
visions of the Convention shall not, however, extend to the Faroe Islands; 
nor do they apply to Greenland. 

(c) The term "permanent establishment" means a branch office, 
factory, warehouse or other fixed place of business, but does not in- 
clude the casual and temporary use of merely storage facilities, nor does 
it include an agency unless the agent has and exercises a general authority 
to negotiate and conclude contracts on behalf of an enterprise or has a stock 
of merchandise from which he regularly fills orders on its behalf. An enter- 
prise of one of the contracting States shall not be deemed to have a perma- 
nent establishment in the other State merely because it carries on business 
dealings in such other State through a bona fide commission agent, broker 
or custodian acting in the ordinary course of his business as such. The fact 
that an enterprise of one of the contracting States maintains in the other 
State a fixed place of business exclusively for the purchase of goods or mer- 
chandise shall not of itself constitute such fixed place of business a perma- 
nent establishment of such enterprise. The fact that a corporation of one 
contracting State has a subsidiary corporation which is a corporation of the 
other State or which is engaged in trade or business in the other State shall 
not of itself constitute that subsidiary corporation a permanent establish- 
ment of its parent corporation. 

(d) The term "enterprise of one of the contracting States" means, as 
the case may be, "United States enterprise" or "Danish enterprise". 

(e) The term "enterprise" includes every form of undertaking whether 
carried on by an individual, partnership, corporation, or any other entity. 

(f) The term "United States enterprise" means an enterprise carried on 
in the United States of America by a resident of the United States of America 
or by a United States corporation or other entity; the term "United States 
corporation or other entity" means a partnership, corporation or other entity 



TAXES ON INCOME— MAY 6, 1948 133 

created or organized in the United States of America or under the law of the 
United States of America or of any State or Territory of the United States 
of America. 

(g) The term "Danish enterprise" means an enterprise carried on in 
Denmark by a resident of Denmark or by a Danish corporation or other 
entity; the term "Danish corporation or other entity" means a partnership, 
corporation or other entity created or organized in Denmark or under Danish 
laws. 

(h) The term "competent authorities" means, in the case of the United 
States the Commissioner of Internal Revenue or his authorized representa- 
tive; and in the case of Denmark, the Chief of the Taxation Department of 
the Ministry of Finance ( Generaldirektoren for Skattevaesenet) or his au- 
thorized representative. 

( 2 ) In the application of the provisions of the present Convention by one 
of the contracting States any term not otherwise defined shall, unless the 
context otherwise requires, have the meaning which such term has under its 
own tax laws. 

Article III 

( 1 ) An enterprise of one of the contracting States shall not be subject 
to taxation in the other contracting State in respect of its industrial and com- 
mercial profits unless it is engaged in trade or business in such other State 
through a permanent establishment situated therein. If it is so engaged such 
other State may impose its tax upon the entire income of such enterprise 
from sources within such other State. 

(2) In determining the industrial or commercial profits from sources 
within the territory of one of the contracting States of an enterprise of the 
other contracting State, no profits shall be deemed to arise from the mere 
purchase of goods or merchandise within the territory of the former con- 
tracting State by such enterprise. 

(3) Where an enterprise of one of the contracting States is engaged in 
trade or business in the territory of the other contracting State through a 
permanent establishment situated therein, there shall be attributed to such 
permanent establishment the industrial or commercial profits which it might 
be expected to derive if it were an independent enterprise engaged in the 
same or similar activities under the same or similar conditions and dealing 
at arm's length with the enterprise of which it is a permanent establishment 
and the profits so attributed shall, subject to the law of such other contracting 
State, be deemed to be income from sources within the territory of such 
other contracting State. 

Article IV 

Where an enterprise of one of the contracting States, by reason of its par- 
ticipation in the management or the financial structure of an enterprise of 



134 DENMARK 

the other contracting State, makes with or imposes on the latter, in their 
commercial or financial relations, conditions different from those which would 
be made with an independent enterprise, any profits which would normally 
have accrued to one of the enterprises but by reason of those conditions have 
not so accrued, may be included in the profits of that enterprise and taxed 
accordingly. 

Article V 

( 1 ) Income which an enterprise of one of the contracting States derives 
from the operation of ships or aircraft registered in that State shall be exempt 
from taxation in the other contracting State. 

( 2 ) The present Convention shall not be deemed to affect the arrange- 
ment between the United States and Denmark providing for relief from 
double income taxation on shipping profits, effected by exchanges of notes 
dated May 22, August 9 and 18, October 24, 25, and 28, and December 5 
and 6, in the year 1922. 2 

Article VI 

( 1 ) Dividends shall be taxable only in the contracting State in which 
the shareholder is resident or, if the shareholder is a corporation or other 
entity, in the contracting State in which such corporation or other entity is 
incorporated or organized. 

( 2 ) Each of the contracting States reserves, however, the right to collect 
and retain the tax which, under its revenue laws, is deductible at the source 
with respect to such dividends, but the tax shall not exceed 15 percent of the 
amount of dividends derived from sources within such State by a resident, 
corporation or other entity of the other State, if the recipient has no perma- 
nent establishment in the contracting State from which the dividends are 
derived. 

( 3 ) It is agreed, however, that the rate of dividend tax at the source shall 
not exceed five percent if the shareholder is a corporation controlling, directly 
or indirectly, at least 95 percent of the entire voting power in the corporation 
paying the dividend, and if not more than 25 percent of the gross income of 
such paying corporation is derived from interest and dividends, other than 
interest and dividends received from its own subsidiary corporations. Such 
reduction of the rate to five percent shall not apply if the relationship of the 
two corporations has been arranged or is maintained primarily with the 
intention of securing such reduced rate. 

Article VII 

Interest on bonds, securities, notes, debentures, or on any other form of 
indebtedness derived from sources within one of the contracting States by a 
resident or corporation or other entity of the other contracting State not 

2 EAS 14, ante, p. 65. 



TAXES ON INCOME— MAY 6, 1948 135 

having a permanent establishment in the former State shall be exempt from 
tax by such former State. 

Article VIII 

Royalties and other amounts derived as consideration for the right to use 
copyrights, patents, designs, secret processes and formulas, trade-marks and 
other like property (including rentals and like payments in respect of motion 
picture films) derived from sources within one of the contracting States by a 
resident or corporation or other entity of the other contracting State not 
having a permanent establishment in the former State shall be exempt from 
taxation in such former State. 

Article IX 

( 1 ) Income from real property ( not including interest derived from 
mortgages and bonds secured by real property) and royalties in respect of the 
operation of mines, quarries, or other natural resources, shall be taxable only 
in the contracting State in which such property, mines, quarries, or other 
natural resources are situated. 

(2) A resident or corporation of one of the contracting States deriving 
any such income from sources within the other contracting State may, for 
any taxable year, elect to be subject to the tax of such other contracting State, 
on a net basis, as if such resident or corporation were engaged in trade or 
business within such other contracting State through a permanent establish- 
ment therein during such taxable year. 

Article X 

( 1 ) Wages, salaries, and similar compensation and pensions paid by one 
of the contracting States or by any other public authority within that State to 
individuals residing in the other State shall be taxable only in the former 
State. 

(2) Private pensions and life annuities derived from within one of the 
contracting States and paid to individuals residing in the other contracting 
State shall be exempt from taxation in the former State. 

(3) The term "life annuities" as used herein means a stated sum payable 
periodically at stated times during life, or during a specified number of years, 
under an obligation to make the payments in consideration of a gross sum 
paid for such obligation. 

Article XI 

( 1 ) Compensation for labor or personal services, including the practice 
of the liberal professions, shall be taxable only in the contracting State in 
which such services are rendered. 

(2) The provisions of paragraph ( 1 ) are, however, subject to the follow- 
ing exceptions : 



1 36 DENMARK 

(a) A resident of Denmark shall be exempt from United States tax upon 
compensation for labor or personal services if he is temporarily present in 
the United States for a period or periods not exceeding a total of ninety days 
during the taxable year and the compensation received for such services does 
not exceed $3,000 in the aggregate. If, however, his compensation is received 
for labor or personal services performed as an employee of, or under contract 
with, a resident or corporation or other entity of Denmark, he will be exempt 
from United States tax if his stay in the United States does not exceed a total 
of 180 days during the taxable year. 

(b) The provisions of paragraph (2) (a) of this Article shall apply, 
mutatis mutandis, to a resident of the United States with respect to compensa- 
tion for personal services otherwise subject to income tax in Denmark. 

(3 ) The provisions of this Article shall have no application to the income 
to which Article X ( 1 ) relates. 

Article XII :i 

Gains derived in one of the contracting States from the sale or exchange 
of capital assets by a resident or corporation or other entity of the other con- 
tracting State shall be exempt from taxation in the former State if such resi- 
dent or corporation or other entity is not engaged in trade or business in such 
former State. 

Article XIII 

Students or apprentices, citizens of one of the contracting States, residing 
in the other contracting State exclusively for purposes of study or for ac- 
quiring business experience, shall not be taxable in the latter State in respect 
of remittances (other than their own income) received by them from abroad 
for the purposes of their maintenance or studies. 

Article XIV 

A professor or teacher, a resident of one of the contracting States, who 
temporarily visits the territory of the other contracting State for the purpose 
of teaching for a period not exceeding two years at a university, college, 
school or other educational institution in the other contracting State, shall be 
exempted in such other contracting State from tax on his remuneration for 
such teaching for such period. 

Article XV 

It is agreed that double taxation shall be avoided in the following manner: 

(a) The United States in determining the income taxes, including sur- 
taxes, of its citizens, residents or corporations may, regardless of any other 
provision of this Convention, include in the basis upon which such taxes are 

3 Art. XII deleted upon Danish acceptance of U.S. reservation. 



TAXES ON INCOME— MAY 6, 1948 137 

imposed all items of income taxable under the revenue laws of the United 
States as if this convention had not come into effect. The United States shall, 
however, subject to the provisions of section 131, Internal Revenue Code, 
deduct from its taxes the amount of Danish taxes specified in Article I of 
this Convention. 

(b) Denmark, in determining its taxes specified in Article I of this Con- 
vention, may, regardless of any other provision of this Convention, include in 
the basis upon which such taxes are imposed all items of income subject to 
such taxes under the taxation laws of Denmark. Denmark shall, however, 
deduct from the taxes so calculated the United States tax on income coming 
within the provisions of Articles III, IX, X ( 1 ) , XIII and XIV of this Con- 
vention and on earned income earned within the United States, but in an 
amount not exceeding that proportion of the Danish taxes which such income 
bears to the entire income subject to tax by Denmark. Denmark will also 
allow as a deduction from its taxes an amount equal to 15 percent (five per- 
cent in the case of dividends covered by Article VI (3) ) of the gross amount 
of dividends (reduced by the United States tax applicable to such dividends) 
from sources within the United States. 

Article XVI 

( 1 ) The citizens of one of the contracting States shall not, while resident 
in the other contracting State, be subjected therein to other or more burden- 
some taxes than are the citizens of such other contracting State residing in 
its territory. As used in this paragraph, 

(a) the term "citizens" includes all legal persons, partnerships, and asso- 
ciations created or organized under the laws in the respective contracting 
States, and 

(b) the term "taxes" means taxes of every kind or description whether 
national, Federal, state, provincial or municipal. 

(2) It is agreed that section 25, paragraph 5, of the Danish law No. 391 
of July 12, 1946, prescribing an addition of 50 percent to the capital incre- 
ment tax on corporations in cases where more than 50 percent of the entire 
stock capital is owned by a single shareholder residing outside Denmark, 
shall not be applicable when the shareholder in question is a resident of the 
United States or a United States corporation or other entity. 

Article XVII 

The competent authorities of the contracting States shall exchange such 
information (being information available under the respective taxation laws 
of the contracting States) as is necessary for carrying out the provisions of 
the present Convention or for the prevention of fraud or the administration 
of statutory provisions against tax avoidance in relation to the taxes which 



138 DENMARK 

are the subject of the present Convention. Any information so exchanged 
shall be treated as secret and shall not be disclosed to any person other than 
those concerned with the assessment and collection of the taxes which are the 
subject of the present Convention. No information shall be exchanged which 
would disclose any trade secret or trade process. 

Article XVIII 

( 1 ) The contracting States undertake to lend assistance and support 
to each other in the collection of the taxes which are the subject of the 
present Convention, together with interest, costs, and additions to the taxes. 

( 2 ) In the case of applications for enforcement of taxes, revenue claims 
of each of the contracting States which have been finally determined may 
be accepted for enforcement by the other contracting State and may be col- 
lected in that State in accordance with the laws applicable to the enforcement 
and collection of its own taxes. 

(3) Any application shall include a certification that under the laws 
of the State making the application the taxes have been finally determined. 

(4) The assistance provided for in this Article shall not be accorded 
with respect to the citizens, corporations, or other entities of the State to 
which application is made, except as is necessary to insure that the exemp- 
tion or reduced rate of tax granted under the present Convention to such 
citizens, corporations, or other entities shall not be enjoyed by persons not 
entitled to such benefits. 

Article XIX 

The State to which application is made for information or assistance shall 
comply as soon as possible with the request addressed to it except that such 
State may refuse to comply with the request for reasons of public policy or 
if compliance would involve violation of a trade, business, industrial or pro- 
fessional secret or trade process. 

Article XX 

Where a taxpayer shows proof that the action of the revenue authorities 
of the contracting States has resulted in double taxation in his case in respect 
of any of the taxes to which the present Convention relates, he shall be 
entitled to lodge a claim with the State of which he is a citizen or, if he is not 
a citizen of either of the contracting States, with the State of which he is a 
resident, or, if the taxpayer is a corporation or other entity, with the State 
in which it is created or organized. Should the claim be upheld, the compe- 
tent authority of such State may come to an agreement with the competent 
authority of the other State with a view to equitable avoidance of the double 
taxation in question. 



TAXES ON INCOME— MAY 6, 1948 139 

Article XXI 

( 1 ) The provisions of this Convention shall not be construed to deny 
or affect in any manner the right of diplomatic and consular officers to other 
or additional exemptions now enjoyed or which may hereafter be granted to 
such officers. 

(2) The provisions of the present Convention shall not be construed to 
restrict in any manner any exemption, deduction, credit or other allowance 
accorded by the laws of one of the contracting States in the determination of 
the tax imposed by such State. 

(3) Should any difficulty or doubt arise as to the interpretation or appli- 
cation of the present Convention, or its relationship to Conventions between 
one of the contracting States and any other State, the competent authorities 
of the contracting States may settle the question by mutual agreement. 

Article XXII 

The competent authorities of the two contracting States may prescribe 
regulations necessary to interpret and carry out the provisions of this Conven- 
tion. With respect to the provisions of this Convention relating to exchange 
of information and mutual assistance in the collection of taxes, such author- 
ities may, by common agreement, prescribe rules concerning matters of 
procedure, forms of application and replies thereto, conversion of currency, 
disposition of amounts collected, minimum amounts subject to collection 
and related matters. 

Article XXIII 

( 1 ) The present Convention shall be ratified and the instruments of 
ratification shall be exchanged at Washington as soon as possible. 

( 2 ) Upon the exchange of instruments of ratification, the present Con- 
vention shall have effect 

(a) in the case of United States tax, for the taxable years beginning on 
or after the first day of January of the year in which such exchange takes 
place ; 

(b) in the case of Danish tax, for the taxable years beginning on or after 
the first day of April of the year in which such exchange takes place. 

(3) The present Convention shall continue effective for a period of five 
years and indefinitely after that period, but may be terminated by either of 
the contracting States at the end of the five-year period or at any time there- 
after, provided that at least six months' prior notice of termination has been 
given and, in such event, the present Convention shall cease to be effective 

(a) as respects United States tax, for the taxable years beginning on or 
after the first day of January next following the expiration of the six-month 
period ; 



140 DENMARK 

(b) as respects Danish tax, for the taxable years beginning on or after 
the first day of April next following the expiration of the six-month period. 

Done at Washington, in duplicate, in the English and Danish languages, 
the two texts having equal authenticity, this 6th day of May, 1948. 

For the President of the United States of America : 
G. C. Marshall [seal] 

For His Majesty the King of Denmark: 
Henrik Kauffmann [seal] 



ECONOMIC COOPERATION 

Agreement signed at Copenhagen June 29, 1948, with annex 
Notice of Danish ratification given to the United States July 2, 1948 
Entered into force July 2, 1948 

Amended by agreements of November 4 and 18, 1948; 1 February 7, 
1950; 2 February 2 and 9, 1951; 3 and November 24, 1952 ' 

62 Stat. 2199; Treaties and Other 
International Acts Series 1782 

Economic Cooperation Agreement between the United States 
of America and Denmark 

Preamble 

The Government of the United States of America and the Government 
of Denmark: 

Recognizing that the restoration or maintenance in European countries of 
principles of individual liberty, free institutions, and genuine independence 
rests largely upon the establishment of sound economic conditions, stable 
international economic relationships, and the achievement by the countries 
of Europe of a healthy economy independent of extraordinary outside 
assistance ; 

Recognizing that a strong and prosperous European economy is essential 
for the attainment of the purposes of the United Nations; 

Considering that the achievement of such conditions calls for a European 
recovery plan of self-help and mutual cooperation, open to all nations which 
cooperate in such a plan, based upon a strong production effort, the expan- 
sion of foreign trade, the creation or maintenance of internal financial sta- 
bility and the development of economic cooperation, including all possible 
steps to establish and maintain valid rates of exchange and to reduce trade 
barriers; 

Considering that in furtherance of these principles the Government of 
Denmark has joined with other like-minded nations in a Convention for 
European Economic Cooperation signed at Paris on April 16, 1948, under 

'TIAS 1904, post, p. 157. 
* 1 UST 148; TIAS 2022. 

3 2 UST 647; TIAS 2218. 

4 3 UST 5181; TIAS 2713. 

141 



142 DENMARK 

which the signatories of that Convention agreed to undertake as their 
immediate task the elaboration and execution of a joint recovery program, 
and that the Government of Denmark is a member of the Organization for 
European Economic Cooperation created pursuant to the provisions of that 
Convention ; 

Considering also that, in furtherance of these principles, the Government 
of the United States of America has enacted the Economic Cooperation Act 
of 1948, 5 providing for the furnishing of assistance by the United States 
of America to nations participating in a joint program for European 
recovery, in order to enable such nations through their own individual and 
concerted efforts to become independent of extraordinary outside economic 
assistance ; 

Taking note that the Government of Denmark has already expressed its 
adherence to the purposes and policies of the Economic Cooperation Act of 
1948; 

Desiring to set forth the understandings which govern the furnishing of 
assistance by the Government of the United States of America under the 
Economic Cooperation Act of 1948, the receipt of such assistance by Den- 
mark, and the measures which the two Governments will take individually 
and together in furthering the recovery of Denmark as an integral part of 
the joint program for Euopean recovery; 

Have agreed as follows : 

Article I 

Assistance and Cooperation 

1. The Government of the United States of America undertakes to 
assist Denmark, by making available to the Government of Denmark or to 
any person, agency or organization designated by the latter Government such 
assistance as may be requested by it and approved by the Government of the 
United States of America. The Government of the United States of America 
will furnish this assistance under the provisions, and subject to all of the 
terms, conditions and termination provisions, of the Economic Cooperation 
Act of 1948, acts amendatory and supplementary thereto and appropriation 
acts thereunder, and will make available to the Government of Denmark 
only such commodities, services and other assistance as are authorized to be 
made available by such acts. 

2. The Government of Denmark, acting individually and through the 
Organization for European Economic Cooperation, consistently with the 
Convention for European Economic Cooperation signed at Paris on April 16, 
1948, will exert sustained efforts in common with other participating coun- 
tries speedily to achieve through a joint recovery program economic condi- 
tions in Europe essential to lasting peace and prosperity and to enable the 

5 62 Stat. 137. 



ECONOMIC COOPERATION— JUNE 29, 1948 143 

countries of Europe participating in such a joint recovery program to become 
independent of extraordinary outside economic assistance within the period 
of this Agreement. The Government of Denmark reaffirms its intention to 
take action to carry out the provisions of the General Obligations of the 
Convention for European Economic Cooperation, to continue to participate 
actively in the work of the Organization for European Economic Coopera- 
tion, and to continue to adhere to the purposes and policies of the Economic 
Cooperation Act of 1948. 

3. With respect to assistance furnished by the Government of the United 
States of America to Denmark and procured from areas outside the United 
States of America, its territories and possessions, the Government of Denmark 
will cooperate with the Government of the United States of America in 
ensuring that procurement will be effected at reasonable prices and on reason- 
able terms and so as to arrange that the dollars thereby made available to 
the country from which the assistance is procured are used in a manner 
consistent with any arrangements made by the Government of the United 
States of America with such country. 

Article II 
General Undertakings 

1. In order to achieve the maximum recovery through the employment 
of assistance received from the Government of the United States of America, 
the Government of Denmark will use its best endeavors: 

a) to adopt or maintain the measures necessary to ensure efficient and 
practical use of all the resources available to it, including 

(i) such measures as may be necessary to ensure that the commodities 
and services obtained with assistance furnished under this Agreement are 
used for purposes consistent with this Agreement and, as far as practicable, 
with the general purposes outlined in the schedules furnished by the 
Government of Denmark in support of the requirements of assistance to 
be furnished by the Government of the United States of America; 

(ii) the observation and review of the use of such resources through 
an effective followup system approved by the Organization for European 
Economic Cooperation; and 

(iii) to the extent practicable, measures to locate, identify and put 
into appropriate use in furtherance of the joint program for European 
recovery, assets, and earnings therefrom, which belong to nationals of 
Denmark and which are situated within the United States of America, 
its territories or possessions. Nothing in this clause imposes any obligation 
on the Government of the United States of America to assist in carrying 
out such measures or on the Government of Denmark to dispose of such 
assets; 



144 DENMARK 

b) to promote the development of industrial and agricultural production 
on a sound economic basis; to achieve such production targets as may be 
established through the Organization for European Economic Cooperation; 
and when desired by the Government of the United States of America, to 
communicate to that Government detailed proposals for specific projects 
contemplated by the Government of Denmark to be undertaken in substantial 
part with assistance made available pursuant to this Agreement, including 
whenever practicable projects for increased production of food and trans- 
portation facilities; 

c) to stabilize its currency, establish or maintain a valid rate of exchange, 
balance its governmental budget, create or maintain internal financial stabil- 
ity, and generally restore or maintain confidence in its monetary system ; and 

d) to cooperate with other participating countries in facilitating and 
stimulating an increasing interchange of goods and services among the par- 
ticipating countries and with other countries and in reducing public and 
private barriers to trade among themselves and with other countries. 

2. Taking into account Article 8 of the Convention for European Eco- 
nomic Cooperation looking toward the full and effective use of manpower 
available in the participating countries, the Government of Denmark will 
accord sympathetic consideration to proposals made in conjunction with the 
International Refugee Organization directed to the largest practicable utiliza- 
tion of manpower available in any of the participating countries in further- 
ance of the accomplishment of the purposes of this Agreement. 

3. The Government of Denmark will take the measures which it deems 
appropriate, and will cooperate with other participating countries, to prevent, 
on the part of private or public commercial enterprises, business practices 
or business arrangements affecting international trade which restrain compe- 
tition, limit access to markets or foster monopolistic control whenever such 
practices or arrangements have the effect of interfering with the achievement 
of the joint program of European recovery. 

Article III 
Guaranties 

1. The Governments of the United States of America and Denmark 
will, upon the request of either Government, consult respecting projects in 
Denmark proposed by nationals of the United States of America and with 
regard to which the Government of the United States of America may 
appropriately make guaranties of currency transfer under section 111(b)(3) 
of the Economic Cooperation Act of 1948. 

2. The Government of Denmark agrees that if the Government of the 
United States of America makes payment in United States dollars to any 
person under such a guaranty, any kroner, or credits in kroner, assigned or 
transferred to the Government of the United States of America pursuant to 



ECONOMIC COOPERATION— JUNE 29, 1948 145 

that section shall be recognized as property of the Government of the United 
States of America. 

Article IV 

Local Currency 

1 . The provisions of this Article shall apply only with respect to assistance 
which may be furnished by the Government of the United States of America 
on a grant basis. 

2. The Government of Denmark will establish a special account in 
Danmarks Nationalbank in the name of the Government of Denmark ( here- 
inafter called the Special Account ) and will make deposits in kroner to this 
account as follows : 

(a) The unencumbered balances of the deposits made by the Govern- 
ment of Denmark pursuant to the exchange of notes between the two Gov- 
ernments dated April 20, 1 948. 6 

(b) Amounts commensurate with the indicated dollar cost to the Gov- 
ernment of the United States of America of commodities, services and tech- 
nical information (including any costs of processing, storing, transporting, 
repairing or other services incident thereto) made available to Denmark on 
a grant basis by any means authorized under the Economic Cooperation Act 
of 1948, less, however, the amount of the deposits made pursuant to the ex- 
change of notes referred to in sub-paragraph (a). The Government of the 
United States of America shall from time to time notify the Government of 
Denmark of the indicated dollar cost of any such commodities, services and 
technical information, and the Government of Denmark will thereupon de- 
posit in the Special Account a commensurate amount of kroner computed at 
a rate of exchange which shall be the par value agreed at such time 
with the International Monetary Fund. The Government of Denmark may at 
any time make advance deposits in the Special Account which shall be 
credited against subsequent notifications pursuant to this paragraph. 

3. The Government of the United States of America will from time 
to time notify the Government of Denmark of its requirements for adminis- 
trative expenditures in kroner within Denmark incident to operations under 
the Economic Cooperation Act of 1948, and the Government of Denmark 
will thereupon make such sums available out of any balances in the Special 
Account in the manner requested by the Government of the United States 
of America in the notification. 

4. Five percent of each deposit made pursuant to this Article in respect 
of assistance furnished under authority of the Foreign Aid Appropriation Act, 
1949/ shall be allocated to the use of the Government of the United States 

'Not printed lure; for background, sec Department of State Bulletin, May 23, 1948, 
p. 686. 

'62 Stat. 1054. 



146 DENMARK 

of America for its expenditures in Denmark, and sums made available pur- 
suant to paragraph 3 of this Article shall first be charged to the amounts allo- 
cated under this paragraph. 

5. The Government of Denmark will further make such sums of kroner 
available out of any balances in the Special Account as may be required to 
cover costs (including port, storage, handling and similar charges) of trans- 
portation from any point of entry in Denmark to the consignee's designated 
point of delivery in Denmark of such relief supplies and packages as are pro- 
vided for in section 117(c) of the Economic Cooperation Act of 1948. 

6. The Government of Denmark may draw upon any remaining balance 
in the Special Account for such purposes as may be agreed from time to time 
with the Government of the United States of America. In considering pro- 
posals put forward by the Government of Denmark for drawings from the 
Special Account the Government of the United States of America will take 
into account the need for promoting or maintaining internal monetary and 
financial stabilization in Denmark and for stimulating productive activity 
and international trade and the exploration for and development of new 
sources of wealth within Denmark, including in particular : 

(a) expenditures upon projects or programs, including those which are 
part of a comprehensive program for the development of the productive ca- 
pacity of Denmark and the other participating countries, and projects or 
programs the external costs of which are being covered by assistance rendered 
by the Government of the United States of America under the Economic Co- 
operation Act of 1948 or otherwise, or by loans from the International Bank 
for Reconstruction and Development; 

( b ) expenditures upon the exploration for and development of additional 
production of materials which may be required in the United States of Amer- 
ica because of deficiencies or potential deficiencies in the resources of the 
United States of America; and 

(c) effective retirement of the national debt, especially debt held by the 
central bank or other banking institutions. 

7. Any unencumbered balance, other than unexpended amounts allo- 
cated under paragraph 4 of this Article remaining in the Special Account on 
June 30, 1952, shall be disposed of within Denmark for such purposes 
as may hereafter be agreed between the Governments of the United States 
of America and Denmark, it being understood that the agreement of the 
United States of America shall be subject to approval by Act or joint resolu- 
tion of the Congress of the United States of America. 

Article V 
Access to Materials 

1 . The Government of Denmark will facilitate the transfer to the United 
States of America, for stockpiling or other purposes, of materials originating 



ECONOMIC COOPERATION— JUNE 29, 1948 147 

in Denmark which are required by the United States of America as a result 
of deficiencies or potential deficiencies in its own resources, upon such reason- 
able terms of sale, exchange, barter or otherwise, and in such quantities, and 
for such period of time, as may be agreed to between the Governments of 
the United States of America and Denmark, after due regard for the reason- 
able requirements of Denmark for domestic use and commercial export of 
such materials. The Government of Denmark will take such specific measures 
as may be necessary to carry out the provisions of this paragraph, including 
the promotion of the increased production of such materials within Denmark, 
and the removal of any hindrances to the transfer of such materials to the 
United States of America. The Government of Denmark will, when so 
requested by the Government of the United States of America, enter into 
negotiations for detailed arrangements necessary to carry out the provisions 
of this paragraph. 

2. The Government of Denmark will, when so requested by the Govern- 
ment of the United States of America, negotiate such arrangements as are 
appropriate to carry out the provisions of paragraph ( 9 ) of sub-Section 1 1 5 
(b) of the Economic Cooperation Act of 1948, which relates to the develop- 
ment and transfer of materials required by the United States of America. 

3. The Government of Denmark, when so requested by the Government 
of the United States of America, will cooperate, wherever appropriate, to 
further the objectives of paragraphs 1 and 2 of this Article in respect of 
materials originating outside of Denmark. 

Article VI 

Travel Arrangements 

The Government of Denmark will cooperate with the Government of the 
United States of America in facilitating and encouraging the promotion and 
development of travel by citizens of the United States of America to and 
within participating countries. 

Article VII 

Consultation and Transmittal of Information 

1 . The two Governments will, upon the request of either of them, con- 
sult regarding any matter relating to the application of this Agreement or to 
operations or arrangements carried out pursuant to this Agreement. 

2. The Government of Denmark will communicate to the Government 
of the United States of America in a form and at intervals to be indicated 
by the latter after consultation with the Government of Denmark: 

(a) detailed information of projects, programs and measures proposed 
or adopted by the Government of Denmark to carry out the provisions of this 
Agreement and the General Obligations of the Convention for European 
Economic Cooperation ; 

259-333—71- 11 



148 DENMARK 

(b) full statements of operations under this Agreement, including a 
statement of the use of funds, commodities and services received thereunder, 
such statements to be made in each calendar quarter ; 

(c) information regarding its economy and any other relevant infor- 
mation, necessary to supplement that obtained by the Government of the 
United States of America from the Organization for European Economic 
Cooperation, which the Government of the United States of America may 
need to determine the nature and scope of operations under the Economic 
Cooperation Act of 1948, and to evaluate the effectiveness of assistance fur- 
nished or contemplated under this Agreement and generally the progress of 
the joint recovery program. 

3. The Government of Denmark will assist the Government of the United 
States of America to obtain information relating to the materials originating 
in Denmark referred to in Article V which is necessary to the formulation 
and execution of the arrangements provided for in that Article. 

Article VIII 
Publicity 

1. The Governments of the United States of America and Denmark 
recognize that it is in their mutual interest that full publicity be given to the 
objectives and progress of the joint program for European recovery and of 
the actions taken in furtherance of that program. It is recognized that wide 
dissemination of information on the progress of the program is desirable in 
order to develop the sense of common effort and mutual aid which are essen- 
tial to the accomplishment of the objectives of the program. 

2. The Government of the United States of America will encourage the 
dissemination of such information and will make it available to the media 
of public information. 

3. The Government of Denmark will encourage the dissemination of such 
information both directly and in cooperation with the Organization for 
European Economic Cooperation. It will make such information available 
to the media of public information and take all practicable steps to ensure 
that appropriate facilities are provided for such dissemination. It will further 
provide other participating countries and the Organization for European 
Economic Cooperation with full information on the progress of the program 
for economic recovery. 

4. The Government of Denmark will make public in Denmark in each 
calendar quarter, full statements of operations under this Agreement, includ- 
ing information as to the use of funds, commodities and services received. 



ECONOMIC COOPERATION— JUNE 29, 1948 149 

Article IX 

Missions 

1. The Government of Denmark agrees to receive a Special Mission for 
Economic Cooperation which will discharge the responsibilities of the Gov- 
ernment of the United States of America in Denmark under this Agreement. 

2. The Government of Denmark will, upon appropriate notification from 
the Ambassador of the United States of America in Denmark, consider the 
Special Mission and its personnel, and the United States Special Represent- 
ative in Europe, as part of the Embassy of the United States of America in 
Denmark for the purpose of enjoying the privileges and immunities accorded 
to that Embassy and its personnel of comparable rank. The Government of 
Denmark will further accord appropriate courtesies to the members and staff 
of the Joint Committee on Foreign Economic Cooperation of the Congress 
of the United States of America, and grant them the facilities and assistance 
necessary to the effective performance of their responsibilities. 

3. The Government of Denmark, directly and through its representatives 
on the Organization for European Economic Cooperation, will extend full 
cooperation to the Special Mission, to the United States Special Represent- 
ative in Europe and his staff, and to the members and staff of the Joint Com- 
mittee. Such cooperation shall include the provision of all information and 
facilities necessary to the observation and review of the carrying out of this 
Agreement, including the use of assistance furnished under it. 

Article X 

Settlement of Claims of Nationals 

1 . The Governments of the United States of America and Denmark agree 
to submit to the decision of the International Court of Justice any claim 
espoused by either Government on behalf of one of its nationals against the 
other Government for compensation for damage arising as a consequence of 
governmental measures (other than measures concerning enemy property or 
interests) taken after April 3, 1948, by the other Government and affecting 
property or interest of such national, including contracts with or concessions 
granted by duly authorized authorities of such other Government. It is under- 
stood that the undertaking of each Government in respect of claims espoused 
by the other Government pursuant to this paragraph is made in the case of 
each Government under the authority of and is limited by the terms and 
conditions of such effective recognition as it has heretofore given to the com- 
pulsory jurisdiction of the International Court of Justice under Article 36 of 
the Statute of the Court. 8 The provisions of this paragraph shall be in all 

"TS993, ante, vol 3, p. 1106. 



150 DENMARK 

respects without prejudice to other rights of access, if any, of either Govern- 
ment to the International Court of Justice or to the espousal and presentation 
of claims based upon alleged violations by either Government of rights and 
duties arising under treaties, agreements or principles of international law. 

2. The Governments of the United States of America and Denmark 
further agree that such claims may be referred, in lieu of the Court, to any 
arbitral tribunal mutually agreed upon. 

3. It is further understood that neither Government will espouse a claim 
pursuant to this Article until its national has exhausted the remedies available 
to him in the administrative and judicial tribunals of the country in which 
the claim arose. 

Article XI 

Definitions 
As used in this Agreement : 

(a) "Denmark" means the Kingdom of Denmark together with its 
dependent territory, Greenland. 

(b) The term "participating country" means 

(i) any country which signed the Report of the Committee of Euro- 
pean Economic Cooperation at Paris on September 22, 1947, and terri- 
tories for which it has international responsibility and to which the 
Economic Cooperation Agreement concluded between that country and 
the Government of the United States of America has been applied, and 

(ii) any other country (including any of the zones of occupation of 
Germany, and areas under international administration or control, and the 
Free Territory of Trieste or either of its zones) wholly or partly in Europe, 
together with dependent areas under its administration; 

for so long as such country is a party to the Convention for European Eco- 
nomic Cooperation and adheres to a joint program for European recovery 
designed to accomplish the purposes of this Agreement. 

Article XII 
Entry into Force, Amendment, Duration 

1 . This Agreement shall be subject to ratification in Denmark. It shall 
come into force on the day on which notice of such ratification is given to the 
Government of the United States of America. Subject to the provisions 
of paragraphs 2 and 3 of this Article, it shall remain in force until June 30, 
1953, and, unless at least six months before June 30, 1953, either Govern- 
ment shall have given notice in writing to the other of intention to terminate 
the Agreement on that date, it shall remain in force thereafter until the 
expiration of six months from the date on which such notice shall have been 
given. 



ECONOMIC COOPERATION— JUNE 29, 1948 151 

2. If, during the life of this Agreement, either Government should con- 
sider there has been a fundamental change in the basic assumptions under- 
lying this Agreement, it shall so notify the other Government in writing and 
the two Governments will thereupon consult with a view to agreeing upon 
the amendment, modification or termination of this Agreement. If, after three 
months from such notification, the two Governments have not agreed upon 
the action to be taken in the circumstances, either Government may give no- 
tice in writing to the other of intention to terminate this Agreement. Then, 
subject to the provisions of paragraph 3 of this Article, this Agreement shall 
terminate either: 

(a) six months after the date of such notice of intention to terminate, or 

(b) after such shorter period as may be agreed to be sufficient to ensure 
that the obligations of the Government of Denmark are performed in re- 
spect of any assistance which may continue to be furnished by the Govern- 
ment of the United States of America after the date of such notice ; 

provided, however, that Article V and paragraph 3 of Article VII shall re- 
main in effect until two years after the date of such notice of intention to 
terminate, but not later than June 30, 1953. 

3. Subsidiary agreements and arrangements negotiated pursuant to this 
Agreement may remain in force beyond the date of termination of this Agree- 
ment and the period of effectiveness of such subsidiary agreements and ar- 
rangements shall be governed by their own terms. Article IV shall remain 
in effect until all the sums in the currency of Denmark required to be de- 
posited in accordance with its own terms have been disposed of as provided 
in that Article. Paragraph 2 of Article III shall remain in effect for so long 
as the guaranty payments referred to in that Article may be made by the 
Government of the United States of America. 

4. This Agreement may be amended at any time by agreement between 
the two Governments. 

5. The Annex to this Agreement forms an integral part thereof. 

6. This Agreement shall be registered with the Secretary-General of the 
United Nations. 

In witness whereof the respective representatives, duly authorized for 
the purpose, have signed the present Agreement. 

Done at Copenhagen in duplicate, in the English and Danish languages, 
both texts authentic, this twenty-ninth day of June, 1948. 

Josiah Marvel Jr. [seal] 
GustavRasmussen [seal] 



152 DENMARK 

Annex 

Interpretative Notes 

1. It is understood that the requirements of paragraph 1(a) of Article 
II, relating to the adoption of measures for the efficient use of resources, would 
include, with respect to commodities furnished under the Agreement, ef- 
fective measures for safeguarding such commodities and for preventing their 
diversion to illegal or irregular markets or channels of trade. 

2. It is understood that the obligation under paragraph 1(c) of Article II 
to balance the budget would not preclude deficits over a short period but 
would mean a budgetary policy involving the balancing of the budget in the 
long run. 

3. It is understood that the business practices and business arrangements 
referred to in paragraph 3 of Article II mean : 

(a) fixing prices, terms or conditions to be observed in dealing with others 
in the purchase, sale or lease of any product; 

(b) excluding enterprises from, or allocating or dividing, any territorial 
market or field of business activity, or allocating customers, or fixing sales 
quotas or purchase quotas; 

( c ) discriminating against particular enterprises ; 

( d ) limiting production or fixing production quotas ; 

(e) preventing by agreement the development or application of tech- 
nology or invention whether patented or unpatented ; 

(f) extending the use of rights under patents, trademarks or copyrights 
granted by either country to matters which, according to its laws and regu- 
lations, are not within the scope of such grants, or to products or conditions 
of production, use or sale which are likewise not the subjects of such grants; 
and 

(g) such other practices as the two Governments may agree to include. 

4. It is understood that the Government of Denmark is obligated to take 
action in particular instances in accordance with paragraph 3 of Article II 
only after appropriate investigation or examination. 

5. It is understood that the rate of exchange according to which the 
amount of kroner to be deposited in the Special Account provided for in 
Article IV should be computed is the par value agreed with the Interna- 
tional Monetary Fund, which is at present 4.79901 kroner to one dollar. 

6. It is understood that the order of sub-paragraphs (a), (b) and (c) 
in paragraph 6 of Article IV implies no order of priority or preference. 

7. It is undestood that the phrase in Article V "after due regard for the 
reasonable requirements of Denmark for domestic use" would include the 
maintenance of reasonable stocks of the materials concerned and that the 
phrase "commercial export" might include barter transactions. It is also 
understood that arrangements negotiated under Article V might appropri- 



ECONOMIC COOPERATION— JUNE 29, 1948 153 

atelv include provision for consultation, in accordance with the principles 
of Article 32 of the Havana Charter for an International Trade Organiza- 
tion," in the event that stockpiles are liquidated. 

8. It is understood that the Government of Denmark will not be 
requested, under paragraph 2 (a) of Article VII, to furnish detailed infor- 
mation about minor projects or confidential commercial or technical informa- 
tion the disclosure of which would injure legitimate commercial interests. 

9. It is understood that the Government of the United States of America 
in making the notifications referred to in paragraph 2 of Article IX would 
bear in mind the desirability of restricting, so far as practicable, the number 
of officials for whom full diplomatic privileges would be requested. It is 
also understood that the detailed application of Article IX would, when 
necessary, be the subject of inter-governmental discussion. 

10. It is understood that any agreements which might be arrived at pur- 
suant to paragraph 2 of Article X would be subject to ratification by the 
Senate of the United States of America. 



* Unperfected. Art. 32(3) of the Havana Charter reads as follows : 

"Such Member shall, at the request of any Member which considers itself substantially 
interested, consult as to the best means of avoiding substantial injury to the economic inter- 
ests of producers and consumers of the primary commodity in question. In cases where the 
interests of several Members might be substantially affected, the Organization may partici- 
pate in the consultations, and the Member holding the stocks shall give due consideration 
to its recommendations." 



MOST-FAVORED-NATION TREATMENT FOR 
AREAS UNDER OCCUPATION OR CONTROL 

Exchange of notes at Copenhagen June 29, 1948 

Notice of Danish ratification given to the United States July 2, 1948 

Entered into force July 2, 1948 

Expired in accordance with its terms 

62 Stat. 2883; Treaties and Other 
International Acts Series 1822 

The American Ambassador to the Minister of Foreign Affairs 

American Embassy 
no. 179 Copenhagen, June 29, 1948 

Sir: 

I have the honor to refer to the conversations which have recently taken 
place between representatives of our two Governments relating to the terri- 
torial application of commercial arrangements between the United States 
of America and Denmark and have the honor to confirm the understanding 
reached as a result of these conversations as follows : 

1. For such time as the Government of the United States of America 
participates in the occupation or control of any areas in western Germany or 
the Free Territory of Trieste, the Government of Denmark will apply to the 
merchandise trade of such area the provisions relating to the most-favored- 
nation treatment of the merchandise trade of the United States of America 
set forth in the General Convention of Friendship, Commerce and Naviga- 
tion signed April 26, 1826, 1 as amended by the Convention of April 11, 
1857, 2 or, for such time as the Governments of the United States of Amer- 
ica and Denmark may both be contracting parties to the General Agreement 
on Tariffs and Trade, dated October 30, 1947 3 the provisions of that 
Agreement, as now or hereafter amended, relating to the most-favored-nation 
treatment of such trade. 



1 TS 65, ante, p. 1. 

2 TS67, ante, p. 11. 

3 TI AS 1 700, ante, vol. 4, p. 641 . 



154 






MOST-FAVORED-NATION TREATMENT— JUNE 29, 1948 155 

It is understood that the undertaking in this paragraph relating to the 
application of the most-favored-nation provisions of the General Conven- 
tion of Friendship, Commerce and Navigation shall be subject to the excep- 
tions recognized in the General Agreement on Tariffs and Trade permitting 
departures from the application of most-favored-nation treatment ; provided 
that nothing in this sentence shall be construed to require compliance with 
the procedures specified in the General Agreement with regard to the appli- 
cation of such exceptions. 

2. The undertaking in point 1, above, will apply to the merchandise 
trade of any area referred to therein only for such time and to such extent 
as such area accords reciprocal most-favored-nation treatment to the mer- 
chandise trade of Denmark. 

3. The undertakings in points 1 and 2, above, are entered into in the 
light of the absence at the present time of effective or significant tariff bar- 
riers to imports into the areas herein concerned. In the event that such tariff 
barriers are imposed, it is understood that such undertakings shall be without 
prejudice to the application of the principles set forth in the Havana Charter 
for an International Trade Organization 4 relating to the reduction of tariffs 
on a mutually advantageous basis. 

4. It is recognized that the absence of a uniform rate of exchange for the 
currency of the area in western Germany referred to in point 1 above may 
have the effect of indirectly subsidizing the exports of such area to an extent 
which it would be difficult to calculate exactly. So long as such a condition 
exists, and if consultation with the Government of the United States of 
America fails to reach an agreed solution to the problem, it is understood 
that it would not be inconsistent with the undertaking in point 1 for the 
Government of Denmark to levy a countervailing duty on imports of such 
goods equivalent to the estimated amount of such subsidization, where the 
Government of Denmark determines that the subsidization is such as to cause 
or threaten material injury to an established domestic industry or is such as 
to prevent or materially retard the establishment of a domestic industry. 

5. The undertakings in this note will enter into force on the day on which 
the Government of Denmark notifies the Government of the United States 
of America that this note has been ratified and shall remain in force until 
January 1 , 1 95 1 , and unless at least six months before January 1 , 1 95 1 , either 
government shall have given notice in writing to the other of intention to 
terminate these undertakings on that date, they shall remain in force there- 
after until the expiration of six months from the date on which such notice 
shall have been given. 



4 Unperfected; for excerpts, sec A Decade of American Foreign Policy: Basic Documents, 
1941-49 (S. Doc. 123, 81st Cong., 1st sess.), p. 391. 

259-333—71 12 



156 DENMARK 

Please accept, Excellency, the renewed assurances of my highest 
consideration. 

Josiah Marvel Jr. 
His Excellency, 

Gustav Rasmussen, 

Royal Minister for Foreign Affairs, 
Copenhagen. 



The Minister of Foreign Affairs to the American Ambassador 

UDENRIGSMINISTERIET 

Copenhagen, June 29, 1948 

Sir: 

I have the honour to refer to the conversations which have recently taken 
place between representatives of our two Governments relating to the terri- 
torial application of commercial arrangements between Denmark and the 
United States of America and have the honour to confirm, subject to rati- 
fication, the understanding reached as a result of these conversations as 
follows : 

[For text of understanding, see numbered paragraphs in U.S. note, above.] 

Please accept, Excellency, the renewed assurances of my highest 
consideration. 

Gustav Rasmussen 

His Excellency 

Ambassador Josiah M. Marvel, Jr., 

The Embassy of the United States of America, 
Copenhagen. 






ECONOMIC COOPERATION 

Exchange of notes at Copenhagen November 4 and 18, 1948, correcting 

Danish text of agreement of June 29, 1948 
Entered into force November 18, 1948 

62 Stat. 3753; Treaties and Other 
International Acts Series 1904 

The Minister of Foreign Affairs to the American Ambassador 

UDENRIGSMINISTERIET 0. P. VI. Journal Nr. 73.D.139 

Copenhagen, November 4, 1948 

Monsieur FAmbassadeur, 

With reference to the Economic Cooperation Agreement signed in Copen- 
hagen on June 29th, 1948, 1 I have the honour to inform you that after 
consultation with Mr. Dahl, former Commercial Attache to the American 
Embassy in Copenhagen, the following typographical errors in the Danish 
text have been corrected : 

Page 4, Art. II § 1, line 4: delete Comma after "Regering", 

Page 18, Art. XII, § 1, line 5: change "I Henhold til" to "med de Forbe- 

hold, som folger af Bestemmelserne i", 

Page 18, penultimate line: "maate" should read "maatte", 

Page 22, line 9 : Insert "af" after "bevilget". 

I hope you will have no objections to the above corrections and will be good 
enough to notify me of your agreement. 

I avail myself of this opportunity to renew to you, Monsieur FAmbassa- 
deur, the assurance of my high consideration. 

Gustav Rasmussen 

His Excellency Ambassador 
Josiah Marvei,, Jr. 

The Embassy of the United States of America, 
Copenhagen. 



TIAS 1782, ante, p. 141. 

157 



158 DENMARK 

The American Ambassador to the Minister of Foreign Affairs 

American Embassy, 
no. 347 Copenhagen, November 18, 1948 

Excellency: 

I have the honor to acknowledge the receipt of Your Excellency's Note 
of November 4, 1 948, which reads as follows : 

[For text of Danish note, see above.] 

I have pleasure in informing Your Excellency that my Government agrees 
that the Danish text of the Agreement will be read with these corrections 
incorporated. 

Accept, Excellency, the renewed assurances of my highest consideration. 



Josiah Marvel, Jr. 



His Excellency 

Gustav Rasmussen, 

Minister for Foreign Affairs, 
Copenhagen. 






EXCHANGE OF PUBLICATIONS 

Exchange of notes at Copenhagen July 27 and August 1, 1949 
Entered into force August 1, 1949 

63 Stat. 2680; Treaties and Other 
International Acts Series 1971 

The American Charge d : Affaires ad interim to the Minister of Foreign Affairs 

American Embassy 
No . 235 Copenhagen, July 27, 1949 

Excellency : 

I have the honor to refer to the conversations which have taken place 
between representatives of the Government of the United States of America 
and representatives of the Government of Denmark in regard to the exchange 
of official publications, and to inform Your Excellency that the Government 
of the United States of America agrees that there shall be an exchange of 
official publications between the two Governments in accordance with the 
following provisions: 

1. Each of the two Governments shall furnish regularly a copy of each 
of its official publications which is indicated in a selected list prepared by 
the other Government and communicated through diplomatic channels 
subsequent to the conclusion of the present agreement. The list of publications 
selected by each Government may be revised from time to time and may be 
extended, without the necessity of subsequent negotiations, to include any 
other official publication of the other Government not specified in the list, 
or publications of new offices which the other Government may establish in 
the future. 

2. The official exchange office for the transmission of publications of 
the Government of the United States of America shall be the Smithsonian 
Institution. The official exchange office for the transmission of publica- 
tions of the Government of Denmark shall be the Institut Danois des 
Echanges Internationaux dc Publications Scientifiques et Litteraires, the 
Royal Library. 

3. The publications shall be received on behalf of the United States of 
America by the Library of Congress and on behalf of the Kingdom of 

1 59 



160 DENMARK 

Denmark by the Institut Danois des Echanges Internationaux de Publica- 
tions Scientifiques et Litteraires, the Royal Library. 

4. The present agreement does not obligate either of the two Govern- 
ments to furnish blank forms, circulars which are not of a public character, 
or confidential publications. 

5. Each of the two Governments shall bear all charges, including postal, 
rail and shipping costs, arising under the present agreement in connection 
with the transportation within its own country of the publications of both 
Governments and the shipment of its own publications to a port or other 
appropriate place reasonably convenient to the exchange office of the other 
Government. 

6. The present agreement shall not be considered as a modification of 
any existing exchange agreement between a department or agency of one of 
the Governments and a department or agency of the other Government. 

Upon the receipt of a note from Your Excellency indicating that the fore- 
going provisions are acceptable to the Government of Denmark, the Govern- 
ment of the United States of America will consider that this note and your 
reply constitute an agreement between the two Governments on this subject, 
the agreement to enter into force on the date of your note in reply. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Edward J. Sparks 
Charge d'Affaires ad interim 

His Excellency 

Gustav Rasmussen, 

Minister for Foreign Affairs, 
Copenhagen. 



The Minister of Foreign Affairs to the American Charge d'Affaires ad interim 

UDENRIGSMINISTERIET P. J. III. Journal Nr. 101. D. 10. a. 

Copenhagen, August 1, 1949 

Monsieur le Charge d'Affaires, 

With reference to your note of July 27, 1949, and to the conversations 
between representatives of the Government of Denmark and representatives 
of the Government of the United States of America in regard to the exchange 
of official publications, I have the honor to inform you that the Government 
of Denmark agrees that there shall be an exchange of official publications 
between the two Governments in accordance with the following provisions : 

[For text of provisions, see numbered paragraphs in U.S. note, above.] 



EXCHANGE OF PUBLICATIONS— JULY 27 AND AUG. 1, 1949 161 

The Government of Denmark considers that your note and this reply con- 
stitute an agreement between the two Governments on this subject, the agree- 
ment to enter into force on the date of this note. 

I avail myself of this opportunity to renew to you, Monsieur le Charge 
d'Affaires, the assurances of my high consideration. 

For the Minister 
Jens Rudolph Dahl 

Monsieur Edward J. Sparks, 
Charge d'Affaires a. i., 

The Embassy of the United States of America, 
Copenhagen. 



Dominican Republic 



AMITY, COMMERCE, AND NAVIGATION; 
EXTRADITION 

General convention signed at Santo Domingo February 8, 1867 
Senate advice and consent to ratification March 20, 1867 
Ratified by the Dominican Republic July 20, 1867 
Ratified by the President of the United States July 31, 1867 
Ratifications exchanged at Santo Domingo October 5, 1867 
Entered into force October 5, 1867 

Proclaimed by the President of the United States October 24, 1867 
Terminated January 13, 1898 1 

15 Stat. 473; Treaty Series 73 

The United States of America and the Dominican Republic, equally an- 
imated with the desire of maintaining the cordial relations, and of tightening, 
if possible, the bonds of friendship between the two countries, as well as to 
augment, by all the means at their disposal, the commercial intercourse of 
their respective citizens, have mutually resolved to conclude a general con- 
vention of amity, commerce, and navigation, and for the surrender of fugi- 
tive criminals. For this purpose they have appointed as their plenipotentiaries, 
to wit : the President of the United States, John Somers Smith, Commercial 
Agent of the United States at the city of Santo Domingo, and the President of 
the Dominican Republic, Jose Gabriel Garcia, Secretary of State in the De- 
partment of Foreign Relations, and Juan Raymon Fiallo, ex-Secretary of the 
Treasury, who, after a communication of their respective full powers, have 
agreed to the following articles : 

Article 1 

It is the intention of the high contracting parties that there shall continue 
to be a firm, inviolable, and universal peace, and a true and sincere friend- 

1 Pursuant to notice of termination by the Dominican Republic dated Jan. 12, 1897. 

162 



COMMERCE, NAVIGATION, EXTRADITION— FEBRUARY 8, 1867 163 

ship between the Republic of the United States of America and the Do- 
minican Republic, and between their respective countries, territories, cities, 
towns, and people, without exception of persons or places. If, unfortunately, 
the two nations should become involved in war, one with the other, the term 
of six months after the declaration thereof shall be allowed to the merchants 
and other citizens and inhabitants, respectively, on each side, during which 
time they shall be at liberty to withdraw themselves, with their effects and 
movables, which they shall have the right to carry away, send away, or sell, 
as they please, without the least obstruction; nor shall their effects, much less 
their persons, be seized during such term of six months; on the contrary, pass- 
ports shall be valid for a term necessary for their return, and shall be given to 
them for their vessels and the effects which they may wish to carry with them 
or send away, and such passports shall be a safe conduct against the insults 
and captures which privateers may attempt against their persons and effects, 
and the money, debts, shares in the public funds, or in banks, or any other 
property, personal or real, belonging to the citizens of the one party in the 
territories of the other, shall not be confiscated or sequestrated. 

Article 2 

The citizens of each of the high contracting parties, residing or established 
in the territory of the other, shall be exempt from all cumpulsory military serv- 
ice by sea or by land, and from all forced loans or military exactions or requi- 
sitions; nor shall they be compelled to pay any contributions whatever, higher 
or other than those that are or may be paid by native citizens. 

Article 3 

The citizens of the contracting parties shall be permitted to enter, so- 
journ, settle, and reside in all parts of said territories, and such as may wish to 
engage in business shall have the right to hire and occupy warehouses, pro- 
vided they submit to the laws, as well general as special, relative to the rights 
of travelling, residing, or trading. While they conform to the laws and regu- 
lations in force, they shall be at liberty to manage themselves their own busi- 
ness, subject to the jurisdiction of either party, as well in respect to the con- 
signment and sale of their goods by wholesale or retail as with respect to the 
loading, unloading, and sending off their ships. They may also employ such 
agents or brokers as they may deem proper, and shall in all these cases be 
treated as the citizens of the country wherein they reside ; it being, neverthe- 
less, distinctly understood that they shall be subject to such laws and regula- 
tions also in respect to wholesale or retail. They shall have free access to the 
tribunals of justice, in cases to which they may be a party, on the same terms 
which are granted by the laws and usage of the country to native citizens; for 
which purpose they may employ in defence of their interests and rights- such 
advocates, attorneys, and other agents as they may think proper. 



164 DOMINICAN REPUBLIC 

Article 4 

The citizens of each of the high contracting parties, residing in the other, 
shall enjoy the most perfect liberty of conscience. They shall be subjected 
to no inconveniences whatever on account of their religious belief, nor shall 
they in any manner be annoyed or disturbed in the exercise of their religious 
worship in private houses, or in the chapels and places which they may select 
for that purpose; provided, that in so doing they observe the decorum due to 
the laws, usages, and customs of the country. It is likewise agreed that the 
citizens of the one country dying in the territory of the other, may be interred 
either in the ordinary cemeteries or in such others as may be selected for that 
purpose by their own government, or by their personal friends or representa- 
tives, with the consent of the local authorities. All such cemeteries and funeral 
processions, going to or returning from them, shall be protected from viola- 
tion or disturbance. 

Article 5 

The citizens of each of the high contracting parties, within the juris- 
diction of the other, shall have power to dispose of their personal property by 
sale, donation, testament, or otherwise; and their personal representatives, 
being citizens of the other contracting party, shall succeed to their personal 
property, whether by testament or ab intestato. They may take possession 
thereof, either by themselves or by others acting for them, at their pleasure, 
and dispose of the same, paying such duty only as the citizens of the country 
wherein the said personal property is situated shall be subject to pay in like 
cases. In the absence of a personal representative, the same care shall be 
taken of the property as by law would be taken of the property of a native in 
a similar case, whilst the lawful owner may take measures for securing it. If 
a question should arise among claimants as to the rightful ownership of the 
property, the same shall be finally decided by the judicial tribunals of the 
country in which it is situated. 

When on the decease of any person holding real estate within the terri- 
tory of one party, such real estate would by the law of the land descend on a 
citizen of the other, were he not disqualified by alienage, the longest term 
which the laws of the country in which it is situated will permit, shall be ac- 
corded to him to dispose of the same; nor shall he be subjected, in doing so, 
to higher or other dues than if he were a citizen of the country wherein such 
real estate is situated. 

Article 6 

The high contracting parties hereby agree, that whatever kind of produce, 
manufactures, or merchandise, of any foreign country can be, from time to 
time, lawfully imported into the United States in their own vessels, may also 
be imported in the vessels of the Dominican republic, and no higher or 
other duties upon the tonnage or cargo of the vessels shall be levied or col- 



COMMERCE, NAVIGATION, EXTRADITION— FEBRUARY 8, 1867 165 

lected, whether the importation be made in a vessel under the flag of the 
United States, or a vessel under the flag of the Dominican republic. And, 
reciprocally, whatever kind of produce, manufactures, or merchandise of 
any foreign country can be, from time to time, lawfully imported into the 
Dominican republic in her own vessels, may also be imported in vessels of the 
United States, and no higher or other duties upon the tonnage or cargo of the 
vessel shall be levied or collected, whether the importation be made in a vessel 
under the flag of the Dominican republic, or under the flag of the United 
States. 

Whatever can be lawfully exported or re-exported by one party in its own 
vessels to any foreign country, may, in like manner be exported or re-exported 
in the vessels of the other; and the same duties, bounties, and drawbacks shall 
be collected and allowed, whether such exportation or re-exportation be made 
in vessels of the one or the other. Nor shall higher or other charges of any kind 
be imposed in the ports of one party on vessels of the other than are or shall be 
payable in the same ports by national vessels. 

Article 7 

The preceding article is not applicable to the coasting trade of the con- 
tracting parties, which is respectively reserved by each exclusively for its own 
citizens. 

But vessels of either country shall be allowed to discharge a part of their 
cargoes at one port, and proceed to any other port or ports in the territories 
of the other to discharge the remainder, without paying higher or other port 
charges or tonnage dues than would be paid by national vessels in such 
cases, so long as this liberty shall be conceded to any foreign vessels by the 
laws of both countries. 

Article 8 

For the better understanding of the preceding stipulations, it has been 
agreed that every vessel belonging exclusively to a citizen or citizens of the 
Dominican republic, and whose captain is also a citizen of the same, such 
vessel having also complied with all the other requisites established by law 
to acquire such national character, though the construction and crew are or 
may be foreign, shall be considered, for all the objects of this treaty, as a 
Dominican vessel. 

Article 9 

No higher or other duty shall be imposed on the importation into the 
United States of any article the growth, produce, or manufacture of the 
Dominican republic, or of her fisheries; and no higher or other duty shall 
be imposed on the importation into the Dominican republic of any article 
the growth, produce, or manufacture of the United States, or their fisheries, 
than are or shall be payable on the like articles the growth, produce, or 
manufacture of any other foreign country, or its fisheries. 



166 DOMINICAN REPUBLIC 

No other or higher duties or charges shall be imposed in the United States 
on the exportation of any article to the Dominican republic, nor in the 
Dominican republic, on the exportation of any article to the United States, 
than such as are or shall be payable on the exportation of the like article 
to any other foreign country. 

No prohibition shall be imposed on the importation of any article, the 
growth, produce, or manufacture of the United States or their fisheries, or 
of the Dominican republic and her fisheries, from or to the ports of the 
United States or the Dominican republic, which shall not equally extend to 
every other foreign country. 

Article 10 

Should one of the high contracting parties hereafter impose discriminating 
duties upon the products of any other nation, the other party shall be at 
liberty to determine the manner of establishing the origin of its own products 
intended to enter the country by which the discriminating duties are imposed. 

Article 11 

When any vessel of either party shall be wrecked, stranded, or otherwise 
damaged on the coasts or within the jurisdiction of the other, their respective 
citizens shall receive, as well for themselves as for their vessels and effects, the 
same assistance which would be due to the inhabitants of the country where 
the accident happened, and they shall be liable to pay the same charges and 
dues of salvage as the said inhabitants would be liable to pay in a like case. 

If the repairs which a stranded vessel may require shall render it necessary 
that the whole or any part of her cargo should be unloaded, no duties of 
custom, charges, or fees on such cargo as may be carried away shall be paid, 
except such as are payable in like case by national vessels. It is understood, 
nevertheless, that if, while the vessel is under repair, the cargo shall be 
unladen and kept in a place of deposit destined for the reception of goods, 
the duties on which have not been paid, the cargo shall be liable to the 
charges and fees lawfully due to the keepers of such warehouses. 

Article 12 

It shall be lawful for the citizens of either country to sail with their ships 
and merchandise (contraband goods always excepted) from any port what- 
ever, to any port of the enemy of the other, and to sail and trade with their 
ships and merchandise, with perfect security and liberty, from the countries, 
ports, and places of those who are enemies of either party, without any opposi- 
tion or disturbance whatsoever, and to pass not only directly from the places 
and ports of the enemy aforementioned, to neutral ports and places, but 
also from one place belonging to an enemy to another place belonging to an 
enemy, whether they be or be not under the jurisdiction of the same power, 
unless such ports or places be effectively blockaded, besieged, or invested. 



COMMERCE, NAVIGATION, EXTRADITION— FEBRUARY 8, 1867 167 

And whereas it frequently happens that vessels sail for a port or place 
belonging to an enemy without knowing that the same is either besieged, 
blockaded, or invested, it is agreed that every vessel so circumstanced may 
be turned away from such port or place, but she shall not be detained, nor any 
part of her cargo, if not contraband, be confiscated, unless, after notice of 
such blockade or investment, she shall again attempt to enter; but she shall 
be permitted to go to any other port or place she shall think proper ; provided 
the same be not blockaded, besieged, or invested. Nor shall any vessel of 
either of the parties that may have entered into such port or place before the 
same was actually besieged, blockaded, or invested by the other, be restrained 
from quitting such place with her cargo, nor if found therein after the reduc- 
tion and surrender of such place shall such vessel or her cargo be liable to 
confiscation, but they shall be restored to the owners thereof. 

Article 13 

The liberty of navigation and commerce shall extend to all kinds of mer- 
chandise, excepting those only which are distinguished by the name of 
contraband of war, and under this name shall be comprehended 

1°. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, 
rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, grenades, 
bombs, powder, matches, balls, and every thing belonging to the use of arms. 

2°. Buckles, helmets, breastplates, coats of mail, accoutrements, and 
clothes made up in military form and for military use. 

3°. Cavalry belts and horses, with their harness. 

4°. And generally, all offensive or defensive arms, made of iron, steel, 
brass, copper, or of any other material prepared and formed to make war by 
land or at sea. 

Article 14 

All other merchandises and things not comprehended in the articles of 
contraband explicitly enumerated and classified as above, shall be held and 
considered as free, the subjects of free and lawful commerce, so that they 
be carried and transported in the freest manner by the citizens of both the 
contracting parties, even to places belonging to an enemy, excepting only 
those places which are at the time besieged or blockaded. 

Article 15 

The two high contracting parties recognize as permanent and immutable 
the following principles, to wit: 

1°. That free ships make free goods; that is to say: that the effects or 
goods belonging to subjects or citizens of a power or state at war are free 
from capture or confiscation when found on board neutral vessels with the 
exception of articles contraband of war. 



168 DOMINICAN REPUBLIC 

2°. That the property of neutrals on board of an enemy's vessel is not 
subject to confiscation, unless the same be contraband of war. 

The like neutrality shall be extended to persons who are on board a neutral 
ship with this effect, that although they may be enemies of both or either 
party, they are not to be taken out of that ship, unless they are officers or 
soldiers, and in the actual service of the enemy. The contracting parties 
engage to apply these principles to the commerce and navigation of all such 
powers and states as shall consent to adopt them as permanent and 
immutable. 

Article 16 

In time of war the merchant ships belonging to the citizens of either of 
the contracting parties, which shall be bound to a port of the enemy of one of 
the parties, and concerning whose voyage and the articles of their cargo 
there shall be just grounds of suspicion, shall be obliged to exhibit as well 
upon the high seas as in the ports or roads not only their passports but like- 
wise their certificates, showing that their goods are not of the quality of those 
which are specified to be contraband in the thirteenth article of the present 
convention. 

Article 17 

And that captures on light suspicions may be avoided, and injuries thence 
arising prevented, it is agreed that when one party shall be engaged in war, 
and the other party be neutral, the ships of the neutral party shall be fur- 
nished with passports, that it may appear thereby that the ships really belong 
to the citizens of the neutral party; they shall be valid for any number of 
voyages, but shall be renewed every year; that is, if the ship happens to return 
home in the space of a year. If the ships are laden they shall be provided, 
not only with the passports above mentioned, but also with certificates, so 
that it may be known whether they carry any contraband goods. No other 
paper shall be required, any usage or ordinance to the contrary notwithstand- 
ing. And if it shall not appear from the said certificates that there are contra- 
band goods on board, the ships shall be permitted to proceed on their voyage. 
If it shall appear from the certificates that there are contraband goods on 
board any such ship, and the commander of the same shall offer to deliver 
them up, the offer shall be accepted, and a receipt for the same shall be 
given, and the ship shall be at liberty to pursue its voyage unless the quantity 
of the contraband goods be greater than can conveniently be received on 
board the ship-of-war or privateer, in which case, as in all other cases of just 
detention, the ship shall be carried into the nearest safe and convenient port 
for the delivery of the same. 

If any ship shall not be furnished with such passport or certificates as are 
above required for the same, such case may be examined by a proper judge 
or tribunal and if it shall appear from other documents or proofs, admissible 



COMMERCE, NAVIGATION, EXTRADITION— FEBRUARY 8, 1867 169 

bv the usage of nations, that the ship belongs to the citizens or subjects of the 
neutral party, it shall not be confiscated, but shall be released with her cargo, 
(contraband goods excepted,) and be permitted to proceed on her voyage. 
If the master of a ship, named in the passport, should happen to die, or 
be removed by any other cause, and another put in his place, the ship and 
cargo shall, nevertheless, be equally secure and the passport remain in full 
force. 

Article 18 

In order to prevent all kinds of disorder in the visiting and examination 
of the vessels and cargoes of both the contracting parties on the high seas, it 
is hereby agreed that whenever a ship-of-war shall meet with a neutral of 
the other contracting party, the first shall remain at a convenient distance, 
and may send its boats, with two or three men only, in order to execute the 
examination of the papers concerning the ownership and cargo of the vessel, 
without causing the least extortion, violence, or ill treatment, for which the 
commanders of the said armed ships shall be responsible with their persons 
and property ; for which purpose the commanders of all private armed vessels 
shall, before receiving their commissions, give sufficient security to answer 
for all damages they may commit; and it is hereby agreed and understood 
that the neutral party shall in no case be required to go on board the examin- 
ing vessel for the purpose of exhibiting his papers, or for any other purpose 
whatever. 

Article 19 

It is expressly agreed by the high contracting parties that the stipulations 
above mentioned, relative to the conduct to be observed on the sea by the 
cruisers of the belligerent party towards the ships of the neutral party, shall 
be applicable only to ships sailing without convoy, and when the said ships 
shall be convoyed, it being the intention of the parties to observe all the 
regards due to the protection of the flag displayed by public ships, it shall 
not be lawful to visit them ; but the verbal declaration of the commander of 
the convoy that the ships he convoys belong to the nation whose flag he 
carries, and that they have no contraband goods on board shall be considered 
by the respective cruisers as fully sufficient; the two parties reciprocally 
engaging not to admit under the protection of their convoys, ships which 
shall have on board contraband goods destined to an enemy. 

Article 20 

In all cases where vessels shall be captured or detained, to be carried into 
port under pretence of carrying to the enemy contraband goods, the captor 
shall give a receipt for such of the papers of the vessel as he shall retain, which 
receipt shall be annexed to a copy of the said papers; and it shall be unlawful 
to break up or open the hatches, chests, trunks, casks, bales, or vessels found 



170 DOMINICAN REPUBLIC 

on board, or remove the smallest part of the goods, unless the lading be 
brought on shore in presence of the competent officers, and an inventory be 
made by them of the same. Nor shall it be lawful to sell, exchange, or alienate 
the said articles of contraband in any manner, unless there shall have been 
lawful process, and the competent judge or judges shall have pronounced 
against such goods sentence of confiscation. 

Article 21 

And in such time of war, that proper care may be taken of the vessel and 
cargo, and embezzlement prevented, it is agreed that it shall not be lawful 
to remove the master, commander, or supercargo of any captured ship from 
on board thereof, during the time the ship may be at sea after her capture, or 
pending the proceedings against her, or her cargo, or anything relating 
thereto; and in all cases where a vessel of the citizens of either party shall 
be captured or seized and held for adjudication, her officers, passengers, and 
crew shall be hospitably treated. They shall not be imprisoned or deprived 
of any part of their wearing apparel, nor of the possession and use of their 
money, not exceeding for the captain, supercargo, mate, and passengers five 
hundred dollars each, and for the sailors one hundred dollars each. 

Article 22 

It is further agreed that in all cases the established courts for prize causes, 
in the country to which the prizes may be conducted, shall alone take cogni- 
zance of them. And whenever such tribunal of either of the parties shall 
pronounce judgment against any vessel or goods, or property claimed by the 
citizens of the other party, the sentence or decree shall mention the reasons 
or motives on which the same shall have been founded, and an authenticated 
copy of the sentence or decree, and of all the proceedings in the case, shall, 
if demanded, be delivered to the commander or agent of the said vessel 
without any delay, he paying the legal fees for the same. 

Article 23 

When the ships-of-war of the two contracting parties, or those belonging 
to their citizens, which are armed in war, shall be admitted to enter with 
their prizes the ports of either of the two parties, the said public or private 
ships, as well as their prizes, shall not be obliged to pay any duty either to the 
officers of the place, the judges, or any others; nor shall such prizes, when 
they come to and enter the ports of either party, be arrested or seized, nor 
shall the officers of the place make examination concerning the lawfulness of 
such prizes, but they may hoist sail at any time and depart and carry their 
prizes to the places expressed in their commissions, which the commanders 
of such ships-of-war shall be obliged to show. It is understood, however, that 
the privileges conferred by this article shall not extend beyond those allowed 
by law or by treaty with the most favored nations. 



COMMERCE, NAVIGATION, EXTRADITION— FEBRUARY 8, 1867 171 

Article 24 

It shall not be lawful for any foreign privateers who have commissions 
from any prince or State in enmity with either nation, to fit their ships in the 
ports of either, to sell their prizes, or in any manner to exchange them ; neither 
shall they be allowed to purchase provisions, except such as shall be necessary 
to their going to the next port of that prince or State from which they have 
received their commissions. 

Article 25 

No citizen of the Dominican Republic shall apply for or take any commis- 
sion or letters of marque for arming any ship or ships to act as privateers 
against the said United States, or any of them, or against the citizens, people, 
or inhabitants of the said United States, or any of them, or against the prop- 
erty of any of the inhabitants of any of them, from any prince or State with 
which the said United States shall be at war; nor shall any citizen or inhabi 
tant of the said United States, or any of them, apply for or take any commis- 
sion or letters of marque for arming any ship or ships to act as privateers 
against the citizens or inhabitants of the Dominican Republic, or any of them, 
or the property of any of them, from any prince or State with which the said 
Republic shall be at war; and if any person of either nation shall take such 
commissions of letters of marque, he shall be punished according to their 
respective laws. 

Article 26 

The high contracting parties grant to each other the liberty of having in 
the ports of the other, consuls or vice consuls of their own appointment, who 
shall enjoy the same privileges and powers as those of the most favored nation ; 
but if any of the said consuls or vice consuls shall carry on trade, they shall 
be subjected to the same laws and usages to which private individuals of their 
nation are subjected in the same place. 

It is understood that whenever either of the two contracting parties shall 
select a citizen of the other for a consular agent, to reside in any ports or 
commercial places of the latter, such consul or agent shall continue to be 
regarded, notwithstanding his quality of a foreign consul, as a citizen of the 
nation to which he belongs, and consequently shall be subject to the laws and 
regulations to which natives are subjected in the place of his residence. This 
obligation, however, shall in no respect embarrass the exercise of his consular 
functions or affect the inviolability of the consular archives. 

The said consuls and vice consuls shall have the right, as such, to sit as 
judges and arbitrators in such differences as may arise between the masters 
and crews of the vessel belonging to the nation whose interests are committed 
to their charge, without the interference of the local authorities, unless their 
assistance should be required, or the conduct of the crews or of the captain 
should disturb the order or tranquility of the country. It is, however, under- 



172 DOMINICAN REPUBLIC 

stood that this species of judgment or arbitration shall not deprive the con- 
tending parties of the right they have to resort, on their return, to the judicial 
authority of their own country. 

The said consuls and vice consuls are authorized to require the assistance 
of the local authorities for the arrest and imprisonment of the deserters from 
the ships-of-war and merchant vessels of their country. For this purpose they 
shall apply to the competent tribunals, judges, and officers, and shall, in 
writing, demand such deserters, proving by the exhibition of the registers 
of the vessels, the muster rolls of the crews, or by any other official documents, 
that such individuals formed part of the crews; and on this claim being 
substantiated, the surrender shall not be refused. Such deserters, when 
arrested, shall be placed at the disposal of the consuls and vice consuls, and 
may be confined in the public prisons at the request and cost of those who shall 
claim them, in order to be sent to the vessels to which they belong, or to 
others of the same country. But if not sent back within three months of the 
day of their arrest, they shall be set at liberty, and shall not again be arrested 
for the same cause. However, if the deserter shall be found to have committed 
any crime or offence, his surrender may be delayed until the tribunal before 
which his case shall be pending shall have pronounced its sentence, and such 
sentence shall have been carried into effect. 

Article 27 

The United States of America and the Dominican republic, on requisitions 
made in their name through the medium of their respective diplomatic and 
consular agents, shall deliver up to justice persons who, being charged with 
the crimes enumerated in the following article, committed within the juris- 
diction of the requiring party, shall seek asylum or shall be found within 
the territories of the other: Provided, That this shall be done only when the 
fact of the commission of the crime shall be so established as to justify their 
apprehension and commitment for trial, if the crime had been committed 
in the country where the persons so accused shall be found ; in all of which the 
tribunals of said country shall proceed and decide according to their own 
laws. 

Article 28 

Persons shall be delivered up according to the provisions of this convention, 
who shall be charged with any of the following crimes, to wit: murder, 
(including assassination, parricide, infanticide, and poisoning;) attempt to 
commit murder; rape; forgery; the counterfeiting of money; arson; robbery 
with violence, intimidation, or forcible entry of an inhabited house; piracy; 
embezzlement by public officers, or by persons hired or salaried, to the detri- 
ment of their employers, when these crimes are subject to infamous 
punishment. 



COMMERCE, NAVIGATION, EXTRADITION— FEBRUARY 8, 1867 173 

Article 29 

On the part of each country the surrender shall be made only by the 
authority of the executive thereof. The expenses of detention and delivery 
effected in virtue of the preceding articles, shall be at the cost of the party 
making the demand. 

Article 30 

The provisions of the foregoing articles relating to the surrender of fugitive 
criminals, shall not apply to offences committed before the date hereof, nor to 
those of a political character. 

Article 31 

This convention is concluded for the term of eight years, dating from the 
exchange of the ratifications; and if one year before the expiration of that 
period neither of the contracting parties shall have announced, by an official 
notification, its intention to the other to arrest the operations of said conven- 
tion, it shall continue binding for twelve months longer, and so on, from year 
to year, until the expiration of the twelve months which will follow a similar 
declaration, whatever the time at which it may take place. 

Article 32 

This convention shall be submitted on both sides to the approval and 
ratification of the respective competent authorities of each of the contracting 
parties, and the ratifications shall be exchanged at Santo Domingo as soon 
as circumstances shall admit. 

In faith whereof, the respective plenipotentiaries have signed the afore- 
going articles, in the English and Spanish languages, and they have hereunto 
affixed their seals. 

Done in duplicate, at the city of Santo Domingo, this eighth day of Febru- 
ary, in the year of our Lord one thousand eight hundred and sixty-seven. 

Jno. Somers Smith [seal] 
Jose G. Garcia [seal] 

Juan R. Fiallo [seal] 



COMMERCIAL RELATIONS 

Exchange of notes and protocol of agreement on publication signed at 

Washington June 4, 1891 
Proclaimed by the President of the United States August 1, 1891 
Entered into force September 1, 1891 
Terminated October 27, 1894 1 

Treaty Series 75 and 74 

Exchange of Notes 

The Dominican Minister to the Special Plenipotentiary for the United States 

[translation] 

Legation of the Dominican Republic 

Washington, June 4, 1891 

Mr. Minister : The Government of the Dominican Republic having been 
officially informed of the action of the Congress of the United States of 
America in the enactment of the tariff law of October 1, 1890, 2 authorizing 
the admission through the custom-houses of said United States, free of all 
duty, of the articles enumerated in section 3 of said law, with a view to secure 
reciprocal trade with countries producing the articles named, I am pleased 
to be able to state to you that the Dominican Government, likewise animated 
by the desire to maintain the relations of sincere friendship which happily 
exist between the Dominican Republic and the United States of America, and 
especially recognizing that the close proximity of the two countries suggests 
the good policy of establishing the reciprocal commerce upon such a basis as 
shall encourage the development of trade and strengthen friendly feeling 
between their respective peoples, has resolved to respond in the most liberal 
manner within its power to the legislation above referred to of the Congress of 
the United States. 

I have, therefore, the honor to inform you that the Government of the 
Dominican Republic, in reciprocity for, and in consideration of, the free 
admission into all the ports of the United States exempt from the payment of 
duties, whether national, State, or municipal, of the products of the Domini- 



1 Pursuant to exchange of notes at Washington Oct. 26 and 27, 1894. 
3 26 Stat. 567. 



174 






COMMERCIAL RELATIONS— JUNE 4, 1891 175 

can Republic enumerated in section 3 of said law, is prepared, by virtue of the 
legislative resolution of the National Congress of March 23 last, to decree the 
admission into all the established ports of entry of the Dominican Republic, 
on and after the 1st day of September, 1891, free of all customs duty and any 
other national or port charges, of the articles or merchandise named in the 
following Schedule A, provided that the said articles or merchandise are ex- 
ported directly from, and are the product or manufacture of, the United 
States of America : 

Schedule A 

Articles to be admitted free of duty into the Dominican Republic : 

1. Animals, live. 

2. Meats of all kinds, salted or in brine, but not smoked. 

3. Corn or maize, corn meal and starch. 

4. Oats, barley, rye and buckwheat, and flour of these cereals. 

5. Hay, bran and straw for forage. 

6. Trees, plants, vines and seeds and grains of all kinds for propagation. 

7. Cotton seed oil and meal cake of same. 

8. Tallow in cake or melted, and oil for machinery, subject to ex- 
amination and proof respecting the use of said oil. 

9. Resin, tar, pitch and turpentine. 

10. Manures, natural and artificial. 

1 1 . Coal, mineral. 

12. Mineral waters, natural and artificial. 

13. Ice. 

14. Machines, including steam-engines and those of all other kinds, and 
parts of the same, implements and tools for agricultural, mining, manufac- 
turing, industrial and scientific purposes, including carts, wagons, handcarts 
and wheelbarrows, and parts of the same. 

15. Material for the construction and equipment of railways. 

16. Iron, cast and wrought, and steel, in pigs, bars, rods, plates, beams, 
rafters and other similar articles for the construction of buildings, and in 
wire, nails, screws and pipes. 

17. Zinc, galvanized and corrugated iron, tin and lead in sheets, asbestos, 
tar paper, tiles, slate and other material for roofing. 

1 8. Copper in bars, plates, nails and screws. 

19. Copper and lead pipe. 

20. Bricks, fire bricks, cement, lime, artificial stone, paving tiles, marble 
and other stones in rough, dressed or polished, and other earthy materials used 
in building. 

21. Windmills. 

22. Wire, plain or barbed, for fences, with hooks, staples, nails, and simi- 
lar articles used in the construction of fences. 



176 DOMINICAN REPUBLIC 

23. Telegraph wire and telegraphic, telephonic and electrical apparatus 
of all kinds for communication and illumination. 

24. Wood and lumber of all kinds for building, in logs or pieces, beams, 
rafters, planks, boards, shingles, flooring, joists, wooden houses, mounted or 
unmounted, and accessory parts of buildings. 

25. Cooperage of all kinds, including staves, headings and hoops, barrels 
and boxes, mounted or unmounted. 

26. Materials for shipbuilding. 

27. Boats and lighters. 

28. School furniture, blackboards, and other articles exclusively for the 
use of schools. 

29. Books, bound or unbound, pamphlets, newspapers and printed mat- 
ter, and paper for printing newspapers. 

30. Printers' inks of all colors, type, leads and all accessories for printing. 

3 1 . Sacks, empty, for packing sugar. 

32. Gold and silver coin and bullion. 

It is understood that the packages or coverings in which the articles named 
in the foregoing schedule are imported shall be free of duty if they are usual 
and proper for the purpose. 

The Government of the Dominican Republic is, further, prepared to de- 
cree the admission into all the established ports of entry of the said Republic, 
at a reduction of 25 per cent, of the duty designated in the customs tariff now 
in force or which may hereafter be adopted in said Republic (which re- 
duction shall likewise apply to all duties which are imposed on these articles 
by authority of the National Government), of the articles or merchandise 
named in the following Schedule B, provided that said articles or merchan- 
dise are exported directly from, and are the product or manufacture of, 
the United States of America: 

Schedule B 

Articles to be admitted into the Dominican Republic at a reduction of duty 
of 25 percent. : 

33. Meats not included in Schedule A and meat products of all kinds, 
except lard. 

34. Butter, cheese, and condensed or canned milk. 

35. Fish and shellfish, salted, dried, smoked, pickled or preserved in cans. 

36. Fruits and vegetables, fresh, canned, dried, pickled or preserved. 

37. Manufactures of iron and steel, single or mixed, not included in 
Schedule A. 

38. Cotton, manufactured, spun or twisted, and in fabrics of all kinds, 
woven or knit, and the same fabrics mixed with other vegetable or animal 
fibers in which cotton is the equal or greater component part. 






COMMERCIAL RELATIONS— JUNE 4, 1891 177 

39. Boots and shoes in whole or in part of leather or skins. 

40. Paper for writing, in envelopes, ruled or blank books, wall paper, 
paper for wrapping and packing, for cigarettes, in cardboard, boxes and bags, 
sandpaper and pasteboard. 

4 1 . Tin plate and tinware for arts, industries and domestic uses. 

42. Cordage, rope and twine of all kinds. 

43. Manufactures of wood of all kinds not embraced in Schedule A, 
including wooden ware, implements for household use, and furniture in 
whole or in part of wood. 

The Government of the Dominican Republic gives the assurance that no 
increase whatever shall be made in the export duties of any character now 
in force on the articles enumerated in section 3 of the said tariff law of the 
United States, nor upon any article, the product of said Republic, now on the 
free list of the tariff of said United States, so long as such article continues to 
be admitted free of duty; and, further, that if the Dominican Republic makes 
any reduction in the export duty on any of its products, such reduction shall 
immediately apply to said products when exported to the United States. 

The Government of the Dominican Republic also gives the assurance that 
no greater municipal taxes than those now in force, nor than those levied 
upon national products, shall be imposed upon articles imported from the 
United States. 

The Government of the Dominican Republic reserves the right to adopt the 
necessary laws and regulations to protect its revenue and prevent fraud in 
the declarations and proof that the articles enumerated in the foregoing 
schedules are exported directly from, and are the product or manufacture of, 
the United States; but the laws and regulations to be adopted shall place no 
undue restrictions upon the importer, nor occasion any additional charges 
or fees therefor upon the articles imported. 

For the better application of the foregoing schedules by the custom-houses 
of the Dominican Republic, it would be mutually convenient that a reper- 
tory 3 or classification of articles or merchandise should be compiled before 
the present commercial arrangement goes into operation, under the joint 
supervision of the Legation of the Dominican Republic and the Department 
of State in Washington. 

I have confidence that the President of the United States will duly regard 
the present proof that the Government of the Dominican Republic has met 
the legislation of the Congress of the United States in a spirit of friendly 
accord and wise reciprocity; and, in that event, I shall hold myself ready 
to agree with you upon a time when the decree of the Dominican Republic 
and the proclamation of the President of the United States may be simul- 
taneously and officially published in both countries, with the understanding 

A repertory of schedules A and B was signed at Washington Aug. 11, 1891. 



178 DOMINICAN REPUBLIC 

that the commercial arrangement, when it shall have been thus promulgated, 
shall remain in force so long as it shall not be modified by the legislative action 
of either Government or by mutual agreement of the Executive Power of the 
two countries. 

Be so kind as to accept, Mr. Minister, the assurances of my most distin- 
guished consideration. 

Manuel de J. Galvan 
Honorable John W. Foster, 

Special Minister Plenipotentiary of the 

United States of America, Washington. 



The Special Plenipotentiary for the United States to the Dominican Minister 

Department of State 
Washington, June 4, 1891 

Sir : I have great pleasure in acknowledging the receipt of your note of this 
date, in which you inform me that the Government of the Dominican 
Republic, in due reciprocity for, and in consideration of, the admission into 
the ports of the United States free of all duty, whether national, State, or 
municipal, of the products of said Republic enumerated in section 3 of the 
tariff law of the Congress of the United States of October 1, 1890, is pre- 
pared by legal enactment to authorize the free or privileged admission, on and 
after the 1st day of September, 1891, of the articles directly imported from, 
and the product or manufacture of, the United States of America named in 
your note ; that your Government gives the assurance that no increase shall 
be made in the export tax on the articles admitted free into the United States ; 
that all future reduction in the export tax shall immediately apply to such 
articles when sent to the United States; that no greater municipal taxes than 
those now in force, nor than those which national products pay, shall be 
imposed on articles imported from said States ; and that the laws and regula- 
tions adopted by the Dominican Republic to prevent fraud shall not impose 
any additional charges or fees therefor on the articles named in your note 
imported from the United States. 

I am directed by the President to state to you that he accepts this action of 
the Government of the Dominican Republic, in granting exemption of duties 
to the products and manufactures of the United States, as a due reciprocity 
for the action of the Congress of the United States, as contained in section 3 
of the tariff law above cited. 

I am also pleased to reciprocate the assurances contained in your note, and 
to state that no export tax, whether national, State, or municipal, can or 
will be imposed in the United States upon the products or manufactures 
enumerated in schedules A and B of your note of this date sent to San 
Domingo. 






COMMERCIAL RELATIONS— JUNE 4, 1891 179 

It may be further understood that, while the Government of the United 
States reserves the right to adopt the laws and regulations necessary to pro- 
tect its revenue and prevent fraud in the declarations and proof that the 
articles enumerated in section 3 of the law cited are the product or manu- 
facture of San Domingo, the laws and regulations to be adopted shall place 
no undue restrictions upon the importer, nor impose any additional charges or 
fees upon the articles imported. 

It is also understood that, for the better application of said schedules in the 
custom-houses of San Domingo, a repertory shall be compiled before the 
present commercial arrangement goes into operation, under the joint super- 
vision of the Department of State and the Dominican Legation in Wash- 
ington. 

I have, therefore, to request that you will meet me at the Department of 
State at your early convenience, to agree upon the time and manner of mak- 
ing public announcement of this commercial arrangement, which, it is under- 
stood, shall remain in force so long as it shall not be modified by the legisla- 
tion of either Government or by the mutual agreement of the Executive 
Power of the two countries. 

I improve the occasion, Mr. Minister, to convey to you the assurances of 
my high consideration and esteem. 

John W. Foster, 
Special Plenipotentiary for the United States 

The Honorable Manuel de J. Galvan, 

Envoy Extraordinary and Minister Plenipotentiary 
of the Dominican Republic. 



The Dominican Minister to the Special Plenipotentiary for the United States 

[translation] 

Legation of the Dominican Republic 

Washington, June 4, 1891 

Mr. Minister : In confirmation of the assurances, given in advance, dur- 
ing the course of the negotiations which resulted in the commercial arrange- 
ment concluded this day, I now have the honor to inform you that, in con- 
sideration of the aforesaid arrangement, and as one of the conditions thereof, 
the Government of the Dominican Republic pledges itself to endeavor, during 
the next legislative session, to secure the repeal of the law of June 26, which 
was promulgated July 4, 1887, declaring the importation into the Republic 
of the articles mentioned in the said law to be free or subject to a reduced duty ; 
and that the Executive will take the initiative, as he is privileged to do by the 
constitution, to the end that the effects of the aforesaid law cease on the 31st 
day of March, 1892, or sooner if possible, so far as they relate to the said 

-•"-:> .".33—71 13 



180 DOMINICAN REPUBLIC 

articles, and to the end that the articles in question be subjected to the tax 
required by the tariff and to the payment ol import duties on and after the 
day aforesaid ; it being, however, understood and stipulated that all the articles 
enumerated in schedules A and B, referred to in my note of this date, that 
shall have been produced in, and imported directly from, the United States 
shall be exempt from the payment of such duties, as provided in the afore- 
mentioned commercial arrangement. 

It is further understood that, if the above-mentioned law of July 4, 1887, 
shall not be repealed, as above stipulated, before the 31st day of March, 1892, 
the United States Government shall have the right to declare the aforesaid 
commercial arrangement annulled at any time subsequent to the date desig- 
nated, if it shall think proper so to do. 

I reiterate to you, Mr. Minister, the assurances of the consideration and 
respect with which I am your most obedient and faithful servant, 

Manuel de J. Galvan 

Honorable John W. Foster, 

Special Minister Plenipotentiary 

of the United States of A merica, 
Washington, D.C. 



Decree of the National Congress of July 4, 1887 
[translation] 

Article 1. From the date of this decree until the 31st of December, 1890, and from 
the latter date until the enactment of another decree repealing the present, the following- 
named articles shall be exempted in this Republic from all fiscal duty, to wit: 

All kinds of machinery to be used in the sugar and other estates and in the agricultural 
and industrial establishments, and the pieces accessory or sent extra to replace those worn 
out or damaged; crude tallow and oil, when, upon careful investigation at the custom- 
house, it is ascertained that it is to be used exclusively for the said machinery; phosphatic 
and ammoniacal guanos, zinc, galvanized and corrugated iron, hand and steam water 
pumps, windmills; hogshead staves, heads, and shooks; box shooks and bags for sugar; 
rails and spikes, railroad cars, axles and boxes for carts and wagons, barbed wire for fences, 
coal; plows, hoes, axes, spades, hand rakes, short machetes for agricultural purposes, and, 
generally, all instruments exclusively applicable to the cultivation of the soil or the clear- 
ing of forests. 

The exemption provided for in this article for such pieces as are considered accessory 
to engines or machinery does not apply to screws, screw nuts, nails, bars or sheets of iron or 
of other metals which can be used for other purposes. 

Art. 2. The following-named articles, by whomsoever imported, shall be subject only 
to the payment of 10 per cent, ad valorem, to wit: Boards, planks, and scantlings of pine, 
pitch pine, or any other lumber; shingles, roofing tiles, roofing slates, tarred roofing paper, 
and all other kinds of roofing; bricks, flagstones of the Canary Islands; iron, steel, and 
copper in bars or sheets ; nails and screws of iron or copper, whether galvanized or not; Port- 
land Roman cement, manilla rope; iron, copper, or lead pipes; lighters, whether large 
or small; iron tanks; wheelbarrows, picks, mattocks, and shovels of all shapes; and ox carts 
and wagons and the wheels therefor. 



COMMERCIAL RELATIONS— JUNE 4, 1891 181 

Art. 5. Panama hats and revolvers and cartridges shall only pay 10 per cent., to be 
assessed, in the case of hats, upon the tariff valuation, and in the case of revolvers and cart- 
ridges upon appraisement; and the duty thus collected shall be used for the same purposes 
as were set forth in the preceding article. Pianos, organs, and all other musical instruments, 
safes, and all pieces of furniture or articles imported free from duty, unless mentioned 
in article 1 of this decree, shall be subject to the provisions of the present article. 



Abrogation of Decree of July 4, 1887 

[translation] 

Ulises Heureaux, General of Division, Commander in Chief of the National Army, Pacifier 
of the Country, and Constitutional President of the Republic. 

Whereas the decree of the National Congress relating to the free entry of agricultural 
supplies, dated the 4th of July, 1887, was fixed to remain in force until the 31st of Decem- 
ber, 1890, and after that date until other dispositions should be substituted for or abrogate 
it. 

Whereas the commercial arrangement recently concluded between the Government of 
the Dominican Republic and that the United States of America allows to agricultural 
industries, for whose benefit the decree of free entry was made, to enjoy equally the 
advantages of its protectionist character. 

Having heard the views of the members of the cabinet, 

Resolved, The decree relating to the free entry of agricultural implements of the 4th 
of July, 1887, is hereby abrogated. 

Given in the National Palace in Santo Domingo, capital of the Republic, the 5th of 
August, 1891, the forty-eighth year of the independence and the twenty-eighth of the 
restoration. 

U. Heureaux, 
President of the Republic. 

Countersigned : 
A. W. y Gil, 

Minister of Fomento and of Public Works 

Sanchez, 

Minister of Finance and of Commerce 



Decree as to New Duties 
[translation] 

Ulises Heureaux, General of Division, Commander in Chief of the National Army, Pacifier 
of the Country, and Constitutional President of the Republic. 

The law relating to the free entry of agricultural implements, which was to cease to 
be in force on the 30th of December, 1890, having been abrogated by a previous resolution, 

Considering that the commerce of revolvers, cartridges for the same, Panama hats, and 
musical instruments, including pianos and harmoniums, had been favored by said law 
by a duty of only 10 per cent, on the invoice value; 

Considering that it is necessary to again regulate the commerce of said articles, among 
which are some prohibited by the law above mentioned, 

Resolved, ( 1 ) From and after the date of the publication of the present resolution the 
custom-houses throughout the territory of the Republic shall collect duties of importation 
upon the following articles: 



( 1 ) Revolvers, each, fixed duty, $2. 

(2) Caps for revolvers, per 100, fixed duty, $2. 



182 DOMINICAN REPUBLIC 

(3) Pianos, large and small, harmoniums, organs, and every kind of musical instru- 
ments for bands or orchestras, 10 per cent, upon the invoice value. Accordions are excepted 
from this remission, which shall pay the 60 per cent, ad valorem levied upon other 
merchandise. 

(4) Panama hats in the proportion established by the tariff in force. 

Given at Santo Domingo, in the National Palace of the Government, capital of the 
Dominican Republic, on the 5th of August, 1891, the forty-eighth year of the independence 
and the twenty-eighth of the restoration. 



U. Heureaux 



Sanchez, 

Minister of Finance and Commerce. 



Protocol 

Protocol of an agreement made between John W. Foster, Special Plenipo- 
tentiary of the United States, and Senor Don Manuel de J. Galvan, Envoy 
Extraordinary and Minister Plenipotentiary of the Dominican Republic, at 
the Department of State in Washington, June 4, 1 891 . 

In the act of exchanging the notes of this date which constitute the com- 
mercial arrangement between the United States of America and the Domini- 
can Republic, it is agreed by and between the Undersigned that the Procla- 
mation of the President of the United States and the Decree of the President 
of the Dominican Republic, to carry this arrangement into execution, shall 
be simultaneously published in the two Republics on the 1st day of August, 
1891. 

In testimony whereof, we have interchangeably signed this Protocol this 4th 
day of June, 1891. 

John W. Foster 
Manuel de J. Galvan 



ARBITRATION OF OZAMA 
BRIDGE CLAIM 

Exchange of notes at Santo Domingo March 5 and 7 , 1898 
Entered into force March 7 , 1898 
Terminated upon fulfillment of its terms x 

1898 For. Rel. 274 

Mr. Powell to General Heureaux 

Legation of the United States 
no. is Santo Domingo, March 5, 1898 

Excellency: I have received by cable this evening instructions from 
my Government informing me that it has named Mr. Alfred Noble, engineer, 
to examine and finally determine value of Ozama Bridge concession and 
franchise; his compensation and expenses to be borne by your Government 
and claimant in equal proportions. 

You will kindly favor me, your excellency, in giving your assent to this 
proposition. 

I have, etc. 

W. F. Powell 



General Heureaux to Mr. Powell 

Dominican Republic 
Department of Foreign Relations 

Santo Domingo, March 7, 1898 

My Dear Sir : At the hands of Gen. Ulises Heureaux I have received 
the letter which your honor kindly remitted to him of the date of yesterday 
under cover of my official address. 

Through an excess of courtesy that I consider unnecessary, but which is 
satisfactory to me, General Heureaux has requested mc in his place to say 
to your honor that he agrees with entire contents of the letter, and particularly 
in that which regards the naming of Mr. Alfred Noble. 

I salute your honor, etc., 

Enrique Heureaux 

1 In a decision dated May 20, 1898 (for text, see 1898 For. Rel. 288), the United States 
was awarded $74,411.17. For an exchange of notes regarding procedure for payment, 
sec ibid., p. 289. 

183 



ARBITRATION OF SALA CLAIM 

Convention and arbitral convention signed at Santo Domingo 

April 28, 1902 
Entered into force April 28, 1902 
Terminated upon fulfillment of its terms 1 

Treaty Series 435 2 
Convention 

[translation] 

The Dominican Government, represented by Dr. Henriquez y Carvajal, 
Minister of Posts and Telegraphs, acting as Minister of Foreign Relations 
of said Government, party of the first part, and the Government of the 
United States of America, represented by Mr. W. F. Powell, Charge 
d'Affaires of said latter Government before the Government of the Domini- 
can Republic, party of the second part, being earnestly desirous of main- 
taining in all their splendor the good and cordial relations happily existing 
between the two Governments and of putting an end to the dispute raised 
in connection with the claim presented by the Legation of the United 
States of America on behalf of Madame Sala and other successors of the 
commercial firm of J. Sala & Co. of New York, for sums which the Domini- 
can Government has acknowledged to owe to said firm as well as for other 
sums which relate to deals transacted at a former time by said firm with 
the late General U. Heureaux while the latter held the office of President 
of the Dominican Republic and which are likewise claimed of the Dominican 
Government, although the latter has been unable as yet to persuade itself 
that it really owes them, have agreed as follows : 

Firstly. The Dominican Government, keeping within the obligation 
assumed by it in the contract under date of December 30, 1898, signed by 
the Auditor General of the Treasury of the Republic and Mr. J. B. Vicini, 
hereby declares that it will pay to the aforementioned persons the value of 
the drafts mentioned in said contract, and it discharges the successors of 
J. Sala & Co. of New York of all manner of responsibility, with respect to 
the payment of the value of said drafts, toward the said successors of J. B. 



^n Apr. 30, 1904, the arbitral tribunal awarded $215,812 to Emilia G. de Sala, 
surviving partner of the firm of J. Sala and Co. 
1 Not previously printed. 

184 






CLAIMS— APRIL 28, 1902 185 

Vicini or their assigns. The drafts herein referred to amount to a total value 
of $189,939.38 (one hundred and eighty-nine thousand nine hundred and 
thirty-nine dollars and thirty-eight cents gold), of which the said General 
Heureaux has already paid the sum of $41,783.33 (forty-one thousand seven 
hundred and eighty-three dollars and thirty-three cents gold ) , which reduces 
the original amount to $148,156.05 (one hundred and forty-eight thousand 
one hundred and fifty-six dollars and five cents gold). The Dominican 
Government therefore undertakes to procure, within the shortest possible 
period, an agreement signed by the heirs or successors of J. B. Vicini, accord- 
ing to which the successors of J. Sala & Co. shall be actually relieved of all 
responsibility for the payment of the aforementioned drafts and neither the 
successors of J. B. Vicini nor their assigns shall be able to begin or prosecute 
any judicial action against them in this regard. The Dominican Government 
also declares (them) relieved of all responsibility for the payment of a 
certain number of drafts issued by General U. Heureaux against the firm 
of J. Sala & Co. in the months of May, June, and July, 1898, and which, 
as shown in the statement appended to this Convention, amount to a total 
of $39,783.33 (thirty-nine thousand seven hundred and eighty-three dol- 
lars and thirty-three cents American gold). As regards draft No. 2461 in 
favor of Mr. P. A. Lluberes for the sum of $2,200 (two thousand two hun- 
dred dollars gold), not included in the contract of the Auditor General 
of the Treasury but also in possession of the successors of J. B. Vicini, the 
Government promises to make friendly overtures to said gentlemen in order 
to have it included in the settlement of the other drafts. 

Secondly. As the American Government, in order to prevent the impend- 
ing commercial ruin and very grave injuries threatening the successors of 
J. Sala & Co. by reason of the delay in the payment of the aforesaid drafts 
by the Dominican Government, demands of the latter an immediate pay- 
ment on the general account of the successors of J. Sala & Co., the Dominican 
Government, yielding to the pressure of the American Government, agrees 
to pay to the latter the sum of fifty thousand dollars as follows : Twenty-five 
thousand dollars to be paid within fifteen days following the signature of 
the present Convention, and the remaining twenty-five thousand dollars to 
be paid, within the period of ninety days from the date of receipt of the 
first twenty-five thousand dollars, in two equal installments of which the 
first shall be paid at the end of the first forty-five days and the second at 
the end of the ninety-day period. 

Thirdly. The two Governments agree that the balance found on March 
31 last, amounting to one hundred and seventy-eight thousand seven hundred 
and six dollars and eighteen cents ($178,706.18) after deducting the fore- 
going sum of fifty thousand dollars from the total recognized by the Domini- 
can Government as due the successors of J. Sala & Co. and inscribed since 



186 DOMINICAN REPUBLIC 

April 1 900 in the Internal Floating Debt, on which total two cash payments 
were made during said year of 1 900, shall be paid by the Dominican Govern- 
ment, in regular semiannual installments, within the period of twenty-five 
years, allowing interest at 3 per cent per annum. The American Government 
agrees to accept this form of payment and this moderate annual interest in 
consideration of the present critical financial situation of the Dominican 
Government and because it is desirous of thus aiding said Government in 
its efforts to relieve this situation while seeking to satisfy all creditors in an 
equitable manner. The Dominican Government, on its part, being desirous 
that the greatest advantages granted to other creditors of equal rank be 
granted to the successors of J. Sala & Co., agrees that, as long as the semian- 
nual pro rata distributions of the amounts allotted or to be allotted in future 
to the payment of the Internal Floating Debt exceed the quota due each time 
to the successors of J. Sala & Co. in accordance with the above-stipulated 
payment and by reason of the balance and the twenty-five year period, it will 
apply such semiannual payments on the said Internal Floating Debt to the 
payment of principal and interest on the balance due the successors of J. 
Sala & Co. 

Fourthly. As regards the payment of the sum of two hundred and fifteen 
thousand eight hundred and twelve dollars claimed by the American Govern- 
ment from the Dominican Government on account of supplies furnished to 
General U. Heureaux by Messrs. J. Sala & Co., since it is impossible for the 
latter Government to admit by any means that it owes this sum, for the reason 
that it paid it in due time to the said General U. Heureaux, the two Govern- 
ments agree that this point shall be referred to arbitration. Both Governments 
therefore agree that the manner in which such arbitration is to take place 
shall be definitely arranged as soon as possible after the signature of the pres- 
ent Convention, it being understood that in case the award is against the 
Dominican Government the same rule shall be applied, to the payment of 
principal and interest of the sum which the latter Government may be sen- 
tenced to pay, as has been agreed upon in this Convention with regard to the 
balance already recognized as due the successors of J. Sala & Co. from the 
Dominican Government. 

Done in duplicate, in the city of Santo Domingo, capital of the Dominican 
Republic, signed by the undersigned, and sealed with the official seal of each 
party on April 28, 1902. 

Dr. Henriquez y Carvajal [seal] 
W. F. Powell [seal] 

Charge d' Affaires 



CLAIMS— APRIL 28, 1902 187 



ANNEX 



Drafts which the Dominican Government relieves the firm of J. Sala & Co. of the re- 
sponsibility of paying, the fact being attested by the seal of this Department. 

1898 



June 7 2380 Frame Alston & Co. 


August 


6 


$10,000 


2381 H. R. A Grieser 


(c 


" 


5,000 


2382 id. id. 


cc 


cc 


5,000 


2437 J. Parra Alba 


Sept. 


9 


3,000 


2491 Successors of C. Battle 


" 


CC 


5,000 


Which we are informed have been paid 








Total 


$28, 000 


1898 








May 31 2345 W. R. Thormann 


July 


30 


5,000 


June 7 2346 id. id. 


August 


6 


250 


" " 2362 C. J. den Tex. Bondt 


c« 


CC 


6,000 


" 16 2269 Vifiamata i Huttlinger 




15 


533. 33 


Grand total 


$39, 783. 33 



[seal] 

Arbitral Convention 

[translation] 

The Dominican Government and the Legation of the United States of 
America accredited to it being unable to come to an understanding with re- 
gard to the responsibility for the payment of the sum of two hundred and 
fifteen thousand eight hundred and twelve dollars American gold ($215,- 
812) which said Legation claims from the Dominican Government in favor 
of the heirs of J. Sala & Co. of New York for supplies of merchandise and 
other goods furnished at a former time by the commercial firm of J. Sala & Co. 
to General U. Heureaux, then President of the Dominican Republic, and 
the payment of which the Dominican Government positively refuses to make 
because it already paid the sum to the aforesaid General Heureaux, who 
acted as an intermediary between said Dominican Government and the 
aforementioned J. Sala & Co., it has been agreed upon between the parties to 
settle the matter before a tribunal of arbitration on the following conditions: 

First. In order to constitute the said tribunal of arbitration, the Domini- 
can Government shall appoint an arbitrator for the purpose and the heirs of 
J. Sala & Co. shall appoint another. 

Second. It shall be the exclusive purpose of this tribunal to examine and 
decide whether the Dominican Government is or not indebted to the heirs 
of J. Sala & Co. and whether the latter are or not the rightful creditors of the 
Dominican Government for the whole or part of the sum of $215,812 Ameri- 
can gold represented by bills for supplies furnished at a former time to Gen- 
eral U. Heureaux, former President of the Republic. 

Third. Thirty days after the signature of the present agreement each of 
the interested parties shall notify the other of the appointment of its arbitrator. 

20t»-333— 71 14 



188 DOMINICAN REPUBLIC 

Fourth. Sixty days afterwards at the latest, or before if voluntarily so 
agreed, the arbitrators shall meet at New York City and proceed to examine 
and decide the question. 

Fifth. The interested parties agree to immediately place in the hands of 
the arbitrators all the documents which they may deem suitable in the case, 
as well as to furnish all documents to the arbitrators which the latter may 
require in relation to the said question. The parties shall also be obliged to 
transmit to each other, through their attorneys, agents, or abritrators, all 
documents which may be in the possession of either of them and which it may 
be suitable for the other to know, as well as the defenses, replications, and 
counter-replications which may be presented in the trial. Such transmission 
shall take place in accordance with the general or special rules which the arbi- 
trators may prescribe. 

Sixth. In case the arbitrators are unable to agree either on all or on one or 
more points of the question, they shall, after three formal disagreements on 
the same point, agree on the appointment of an umpire to decide the mat- 
ter finally. In case they are unable to agree on the umpire within a period 
not exceeding fifteen days, this circumstance shall be made known by the 
arbitrators to the Dominican Government. The latter shall then request the 
Chief Justice of the Supreme Court of the United States to accept the office 
of umpire, or in case it is impossible for him to discharge the office, to 
appoint an umpire. 

Seventh. The umpire shall decide, if possible, within sixty days, hearing 
both parties in all their means of defense. 

Eighth. The expenses of the arbitration shall be borne equally by both 
parties, the attorneys' fees being paid by each party independendy. 

Ninth. The award in this arbitration case shall be final and unappeal- 
able either before any court of any country or before an international tribunal. 

Tenth. The award shall be communicated in writing, accompanied by a 
copy of all the documents supporting it, simultaneously to the Dominican and 
United States Governments. 

Done in duplicate, in the city of Santo Domingo, capital of the Dominican 
Republic, signed by the undersigned, and sealed with the official seal of each 
party, on the 28th day of April, 1902. 

Dr. Henriquez y Carvajal [seal] 
W. F. Powell, [seal] 

Charge d' Affaires 



ARBITRATION OF SAN DOMINGO 
IMPROVEMENT COMPANY CLAIM 

Protocol and agreement to naming of arbitrators signed at Santo Do- 
mingo January 31 , 1903 
Entered into force January 31 , 1903 
Terminated upon fulfillment of its terms 1 

Treaty Series 417 

Protocol 

of an agreement between the United States of America and the Dominican 
Republic, for the submission to arbitration of certain questions as to the 
payment of the sum hereinafter agreed to be paid by the Dominican Gov- 
ernment to the Government of the United States on account of the claims 
of the San Domingo Improvement Company of New York, a corporation 
under the laws of the State of New Jersey and a citizen of the United States, 
and its allied companies. 

Whereas, differences exist between the Dominican Government and the 
"San Domingo Improvement Company" and its allied companies; and 

Whereas, as the result of those differences, the interests of the Improve- 
ment Company and its allied companies, viz: "The San Domingo Finance 
Company of New York," "The Company of The Central Dominican Rail- 
way," both being corporations created under the laws of New Jersey, and the 
National Bank of San Domingo, a company originally organized under a 
French charter, the two latter companies being owned and controlled by the 
San Domingo Finance Company, are seriously affected; and 

Whereas, it is agreed, as the basis of the present settlement, that the Im- 
provement Company and its allied Companies shall withdraw from the Do- 
minican Republic, and that they shall be duly indemnified by the latter for 
the relinquishment of their rights, properties and interests. 

The United States of America and the Dominican Republic through their 
respective representatives, W. F. Powell, Charge d'Affaires, and Juan Fco. 
Sanchez, Secretary of State for Foreign Relations, have agreed upon the fol- 
lowing articles: 



'Award rendered July 14, 1904. For text, see 1004 For. Rcl. 274. 

189 



190 DOMINICAN REPUBLIC 



It being hereby agreed that the Dominican Government shall pay to the 
Government of the United States the sum of $4,500,000 (four millions five 
hundred thousand dollars) in American gold, on terms to be fixed by the arbi- 
trators, said payment to be made and accepted as full indemnity for the relin- 
quishment by the companies above-mentioned of all their rights, properties 
and interests, and in full settlement of all accounts, claims and differences 
between the Dominican Government and the said companies; the terms on 
which the indemnity thus agreed upon shall be paid shall be referred to a 
board of three arbitrators, one to be named by the President of the United 
States, one by the President of the Dominican Republic, and the third by the 
President of the United States and the President of the Dominican Republic 
jointly; but if, within sixty days after the signature of the present protocol, 
the third arbitrator shall not have been so named, he shall then be selected by 
the Dominican Government from members of the United States Supreme 
Court or the United States Circuit Court of Appeals, from names presented. 

In case of the death, absence or incapacity of any arbitrator, or in the 
event of his ceasing or omitting to act, the vacancy shall be filled in the same 
manner as the original appointment, the period of sixty days to be calculated 
from the date of the happening of the vacancy. 

II 

The arbitrators shall meet in the city of Washington, within sixty days 
after the date of the appointment of the third arbitrator. 

The vote of the majority shall suffice for the decision of all questions sub- 
mitted to the tribunal, including the final award. 

Ill 

Within six months after the signature of this protocol, each party shall 
present to the other and to its agent, and also to each of the arbitrators, two 
printed copies of its case, accompanied with the documents and evidence on 
which it relies, together with the affidavits of their respective witnesses. 

Within a further period of two months, either party may, in like manner, 
present a counter-case, with additional documents and evidence and affida- 
vits, in reply to the case, documents and evidence of the other party. 

If the other party shall, in its case or counter-case, refer to any document 
in its exclusive possession without annexing a copy, it shall, upon the request 
of the other party, furnish the latter with a copy ; and either party may call 
upon the other through the arbitrators, to produce the originals or certified 
copies of any papers adduced as evidence. 

IV 

Within two months after the expiration of the term allowed for the filing 
of counter-cases, each Government may, by its agent, as well as by additional 



CLAIMS— JANUARY 31, 1903 191 

counsel, argue its cause before the arbitrators, both orally and in writing. 
Each side shall furnish to the other copies of any written arguments, and 
each party shall be at liberty to make a written reply, provided that such 
reply be submitted within the two months specified. 

V 

The Companies above mentioned shall cede and transfer to the Dominican 
Government, and the latter shall acquire from the Companies, the properties 
mentioned herein, the times, terms and conditions of the delivery of which 
shall be fixed by the arbitrators : 

1. All the rights and interests which they may possess in the section of 
the Central Dominican Railway already constructed, as well as all rights and 
interests which they may have in the extension of the railways from Santiago 
to Moca, and from Moca to San Francisco de Macoris. 

2. All rights and interests which they may have in the National Bank. 

3. All bonds of the Republic of which they may be the holders, the 
amount of which shall not exceed £850,000, nominal (eight hundred and 
fifty thousands sterling pounds), nominal and shall be no less than £825,000 
(eight hundred and twenty five thousands sterling pounds nominal). 

It is understood that all these bonds are of the class bearing four per cent, 
annual interests excepting as to £24,000 (twenty four thousands sterling 
pounds) two and three-quarter per cent bonds, which shall be accepted at 
the rate of sixteen 2.^4% bonds for eleven 4% bonds. A list of the bonds 
shall accompany the case of the United States. 

VI 

It is agreed, as the basis of the award to be made by the arbitrators, that 
the sum specified in Article I hereof shall be paid in monthly instalments, 
the amount and manner of collection of which shall be fixed by the tribunal. 
The award shall bear interest from the date of its rendition at the 

The Dominican Government having, in its recent negotiations with the 
American Companies, proposed to pay, on account of its indebtedness to 
them, a minimum sum of $225,000 (two hundred and twenty five thousands 
dollars) per annum, which was to be increased on a sliding scale, it is agreed 
that the Dominican Government shall, pending the present arbitration, and 
beginning with the 1st of January 1903, pay to the Government of the United 
States for the use of the American Companies, the sum of $225,000 (two 
hundred and twenty five thousands dollars) per annum, in equal monthly 
instalments, the aggregate amount so paid, at the date of the award, to be 
taken into account by the arbitrators. 



192 DOMINICAN REPUBLIC 

VII 

The award of the tribunal shall be rendered within a year from the date 
of the signature of the present protocol. It shall be in writing, and shall be 
final and conclusive. 

VIII 

Reasonable compensation to the arbitrators for their services and all 
expenses incident to the arbitration, including the cost of such clerical aid 
as may be necessary, shall be paid by the Governments in equal moieties. 

Done in quadruplicate, in English and Spanish, at San Domingo City, this 
31st day of January 1903. 

W. F. Powell [seal] 

Charge d'Affaires 

Jno Fco Sanchez [seal] 

Ministro de Relaciones Exteriores 

Agreement to the Naming of Arbitrators 

It is hereby agreed, on the part of the Dominican Government, through 
Juan Francisco Sanchez, Secretary of State for Foreign Relations, and the 
Charge d'Affaires of the United States of North America, in the person of 
W. F. Powell, each acting for his respective Government, agree that neither 
of the signatory parties to this Protocol for International Arbitration, to which 
has been referred certain disagreements existing between the Dominican 
Government on the one side, and the Santo Domingo Improvement Com- 
pany on the other, shall name its Arbitrator as stated in said Protocol, until 
after a period of ninety (90) days from the date of signing the same, in order 
to allow the Dominican Government to come to an agreement with the 
Santo Domingo Improvement Company, and the date referred to in the 
appointment of the third Arbitrator shall bear same as that expressed above. 

To the above we agree, and with good faith to carry the same into effect, 
have here-unto affixed our names and attached thereto the Seals of our 
respective Offices. 

Done this 31st Day of January, 1903. 

W. F. Powell [seal] 

Charge d'Affaires of the 

United States of North America 

Jno Fco Sanchez [seal] 

Secretary of State 

for Foreign Relations of the 
Republic of San Domingo 






COLLECTION AND DISBURSEMENT 
OF CUSTOMS REVENUES 

Exchange of notes at Santo Domingo March 31 and April 1, 1905; 
modus vivendi proposed by President of Dominican Republic 
March 31, 1905 

Entered into force April 1, 1905 

Expired July 8, 1907, upon entry into force of convention of Feb- 
ruary 8, 1907 * 

1905 For. Rel. 365 

Exchange of Notes 

The American Minister to the Minister of Foreign Affairs 

March 31, 1905 

Mr. Minister: I have the honor to inform your excellency that I am in 
receipt of the following telegram from the Secretary of State : 

"Washington, March 29, 1905 

"Answering your telegram of the 25th, the President is favorable to the 
modus which the Dominican Republic proposes to adopt for the purpose of 
keeping the pending treaty alive until the Senate shall have acted upon it 
and in order to permit of its full execution should it be ratified, while at the 
same time not prejudicing any rights should the treaty eventually fail. You 
are instructed that the Government of the United States will acquiesce in the 
Dominican proposal. The President of the United States will present for 
nomination by the President of the Dominican Republic men to act in the 
positions referred to in both the northern and the southern ports, using 
utmost care to select men of capacity and absolute integrity, with some knowl- 
edge of Spanish. All moneys collected from both northern and southern ports 
not turned over to the Dominican Government in the proportion prescribed 
in your telegram will be deposited in some New York bank, to be designated 
by the President of the United States, there to be kept until the Senate 
has acted; if the action is adverse, the money will be turned over to the 
Dominican Government; if it is favorable, the money will be distributed 
among the creditors in proportion to their just claims under the treaty." 

Will you do mc the honor of indicating your acceptance or rejection thereof 
so that I may transmit your answer to my government? 

1 TS '165, pout, p. 196. 

193 



194 DOMINICAN REPUBLIC 

I should also be grateful if you would transmit to me a copy of the action 
of the Dominican Executive by which it is proposed to put the modus vivendi 
into operation. 

I improve, etc., 

T. C. Dawson 



The Minister of Foreign Affairs to the American Minister 

[TRANSLATION] 

Dominican Republic 
Ministry of Foreign Relations 

Santo Domingo, April 1, 1905 

Mr. Minister : I have the honor to advise your excellency of the receipt 
of your note dated yesterday, announcing to me that the Government of the 
United States of America is disposed to accept the modus vivendi that the 
Dominican Government proposes to adopt for the administration of the 
custom-house revenues of the Republic until the American Senate shall 
approve or reject the Dominican-American convention signed on the 7th 
of February 2 last between both governments. 

Our respective governments being in accord as to the basis on which said 
modus vivendi should rest, according as appears from the telegram received 
by your excellency and which you have just communicated to me and from 
the official document published in the Gazette of this date, I take pleasure in 
notifying your excellency of said accord, inclosing you a copy of the Gazette, 
in which is inserted the resolution of my government about the matter. 

I salute, etc., 

Juan Fco. Sanchez 

Modus Vivendi 

[translation] 

Carlos F. Morales L., constitutional President of the Republic: 
For the purpose of protecting all the creditors of the Republic until the 
Dominican Congress and the Senate of the United States shall act upon the 
convention signed on the 7th of February of the current year by the repre- 
sentatives of the governments of the Dominican Republic and of the United 
States, of maintaining alive meanwhile the said convention, and of facilitat- 
ing its full execution if it should be ratified or not prejudicing any right 
should it be rejected ; 

The opinion of the council of secretaries of state having been heard, 
Resolves: 1 . To name a person to receive the revenues of all the custom- 
houses of the Republic, and, for the better guaranteeing of the latter's 



1 Unperfected ; replaced by convention of Feb. 8, 1907. 



CUSTOMS REVENUES— MARCH 31 AND APRIL 1, 1905 195 

creditors, to leave to the President of the United States the designation of 
the person who will receive said revenues, the Dominican Executive confer- 
ring upon him the office, providing always that the designation shall be 
satisfactory to it. 

2. The sums collected shall be distributed in the following manner: 

(a) Forty-five per cent to be used in administrative expenses; 

(b) The necessary expenses of collection, including the salaries of all 
employees of the custom-houses. 

3. The remainder, as a sum destined to the payment of debts, shall be 
immediately deposited in a bank in New York which shall be designated by 
the President of the United States, remaining on deposit for the benefit 
of all the creditors of the Republic, Dominican as well as foreign, and shall not 
be withdrawn before the Dominican Congress and the Senate of the United 
States shall have acted upon the pending convention. 

4. If the final action of the Congress of the Dominican Republic and of 
the Senate of the United States should be favorable to the pending conven- 
tion, the sums so deposited shall be distributed among the creditors in pro- 
portion to their just claims in accordance with said convention. If the action 
of the said Congress and Senate should be adverse, the said sums shall be 
at the disposition of the Dominican Government for equitable distribution 
among the creditors, according to the arrangement that it shall make with 
them. 

5. In order to do effectively what is above provided for, the Executive 
suspends all payments upon the debts of the Republic of whatever nature 
during the time that this modus vivendi continues in operation. 

§ No document shall be received in payment of customs or port duties, 
and the total amount of all revenues payable through the custom-houses shall 
be delivered to the receiver of whom this resolution makes mention. 

6. This modus vivendi is not intended to interfere with or change the sub- 
stantive rights of the creditors, nor to repudiate or modify any of the agree- 
ments heretofore made by the government, except in so far as the immediate 
enforcement of such rights and agreements may be suspended by the general 
moratorium herein declared. 

7. This modus vivendi will take effect from the 1st of April of the current 
year. 

Given in the national palace of Santo Domingo, capital of the Republic, on 
the 31st day of March, 1905, sixty-second year of independence and forty- 
second of the restoration. 

Morales L. 
Countersigned : 

Federico Velasquez H., 

The Minister of Finance and Commerce. 



COLLECTION AND APPLICATION 
OF CUSTOMS REVENUES 

Convention signed at Santo Domingo February 8, 1907 

Senate advice and consent to ratification, with amendments, Febru- 
ary 25, 1907 1 

Ratified by the Dominican Republic June 18, 1907 

Ratified by the President of the United States, with amendments, 
June 22, 1907 * 

Ratifications exchanged at Washington July 8, 1907 

Entered into force July 8, 1907 

Proclaimed by the President of the United States July 25, 1907 

Terminated October 24, 1925, by convention of December 27, 1924 2 

38 Stat. 1880; Treaty Series 465 

Whereas during disturbed political conditions in the Dominican Republic 
debts and claims have been created, some by regular and some by revolu- 
tionary governments, many of doubtful validity in whole or in part, and 
amounting in all to over $30,000,000 nominal or face value; 

And Whereas the same conditions have prevented the peaceable and 
continuous collection and application of National revenues for payment of 
interest or principal of such debts or for liquidation and settlement of such 
claims; and the said debts and claims continually increase by accretion of 
interest and are a grievous burden upon the people of the Dominican 
Republic and a barrier to their improvement and prosperity; 

And Whereas the Dominican Government has now effected a conditional 
adjustment and settlement of said debts and claims under which all its foreign 
creditors have agreed to accept about $12,407,000 for debts and claims 
amounting to about $21,184,000 of nominal or face value, and the holders 
of internal debts or claims of about $2,028,258 nominal or face value have 
agreed to accept about $645,827 therefor, and the remaining holders of 



1 The U.S. amendments read as follows: 

"Article I, after 'shall appoint,' delete 'by and with the advice and consent of the Senate 
of the United States'. 

"Article III, after 'Dominican Government and' delete 'the President of." 
The text printed here is the amended text as proclaimed by the President. 

2 TS 726, post, p. 220. 

196 



CUSTOMS REVENUES— FEBRUARY 8, 1907 197 

internal debts or claims on the same basis as the assents already given will 
receive about $2,400,000 therefor, which sum the Dominican Government 
has fixed and determined as the amount which it will pay to such remaining 
internal debt holders ; making the total payments under such adjustment and 
settlement, including interest as adjusted and claims not yet liquidated, 
amount to not more than about $1 7,000,000. 

And Whereas a part of such plan of settlement is the issue and sale of 
bonds of the Dominican Republic to the amount of $20,000,000 bearing five 
per cent interest payable in fifty years and redeemable after ten years at 102 1 /. 
and requiring payment of at least one per cent per annum for amortization, 
the proceeds of said bonds, together with such funds as are now deposited 
for the benefit of creditors from customs revenues of the Dominican Republic 
heretofore received, after payment of the expenses of such adjustment, to be 
applied first to the payment of said debts and claims as adjusted and second 
out of the balance remaining to the retirement and extinction of certain con- 
cessions and harbor monopolies which are a burden and hindrance to the 
commerce of the country and third the entire balance still remaining to the 
construction of certain railroads and bridges and other public improvements 
necessary to the industrial development of the country; 

And Whereas the whole of said plan is conditioned and dependent upon 
the assistance of the United States in the collection of customs revenues of 
the Dominican Republic and the application thereof so far as necessary to the 
interest upon and the amortization and redemption of said bonds, and the 
Dominican Republic has requested the United States to give and the United 
States is willing to give such assistance : 

The Dominican Government, represented by its Minister of State for 
Foreign Relations, Emiliano Tejera, and its Minister of State for Finance 
and Commerce, Federico Velasquez H., and the United States Government, 
represented by Thomas C. Dawson, Minister Resident and Consul General 
of the United States to the Dominican Republic, have agreed : 

I. That the President of the United States shall appoint, 3 a General Re- 
ceiver of Dominican Customs, who, with such Assistant Receivers and other 
employees of the Receivership as shall be appointed by the President of the 
United States in his discretion, shall collect all the customs duties accruing at 
the several customs houses of the Dominican Republic until the payment or 
retirement of any and all bonds issued by the Dominican Government in 
accordance with the plan and under the limitations as to terms and amounts 
hereinbefore recited; and said General Receiver shall apply the sums so 
collected, as follows: 

First, to paying the expenses of the receivership; second, to the payment 
of interest upon said bonds; third, to the payment of the annual sums pro- 

3 For an amendment to art. I, see footnote l,p. 196. 



198 DOMINICAN REPUBLIC 

vided for amortization of said bonds including interest upon all bonds held 
in sinking fund; fourth, to the purchase and cancellation or the retirement 
and cancellation pursuant to the terms thereof of any of said bonds as may 
be directed by the Dominican Government; fifth, the remainder to be paid 
to the Dominican Government. 

The method of distributing the current collections of revenue in order to 
accomplish the application thereof as hereinbefore provided shall be as 
follows : 

The expenses of the receivership shall be paid by the Receiver as they arise. 
The allowances to the General Receiver and his assistants for the expenses of 
collecting the revenues shall not exceed five per cent unless by agreement 
between the two Governments. 

On the first day of each calendar month the sum of $100,000 shall be paid 
over by the Receiver to the Fiscal Agent of the loan, and the remaining 
collection of the last preceding month shall be paid over to the Dominican 
Government, or applied to the sinking fund for the purchase or redemption 
of bonds, as the Dominican Government shall direct. 

Provided, that in case the customs revenues collected by the General 
Receiver shall in any year exceed the sum of $3,000,000, one half of the 
surplus above such sum of $3,000,000 shall be applied to the sinking fund 
for the redemption of bonds. 

II. The Dominican Government will provide by law for the payment 
of all customs duties to the General Receiver and his assistants, and will give to 
them all needful aid and assistance and full protection to the extent of its 
powers. The Government of the United States will give to the General Re- 
ceiver and his assistants such protection as it may find to be requisite for the 
performance of their duties. 

III. Until the Dominican Republic has paid the whole amount of the 
bonds of the debt its public debt shall not be increased except by previous 
agreement between the Dominican Government and the United States. 4 
A like agreement shall be necessary to modify the import duties, being an 
indispensable condition for the modification of such duties that the Domini- 
can Executive demonstrate and that the President of the United States recog- 
nize that, on the basis of exportations and importations to the like amount 
and the like character during the two years preceding that in which it is 
desired to make such modification, the total net customs receipts would at 
such altered rates of duties have been for each of such two years in excess 
of the sum of $2,000,000 United States gold. 

IV. The accounts of the General Receiver shall be rendered monthly to 
the Contaduria General of the Dominican Republic and to the State Depart- 
ment of the United States and shall be subject to examination and verifica- 



4 For an amendment to art. Ill, see footnote 1, p. 196. 






CUSTOMS REVENUES— FEBRUARY 8, 1907 199 

tion by the appropriate officers of the Dominican and the United States 
Governments. 

V. This agreement shall take effect after its approval by the Senate of the 
United States and the Congress of the Dominican Republic. 

Done in four originals, two being in the English language, and two in the 
Spanish, and the representatives of the high contracting parties signing them 
in the City of Santo Domingo this 8th day of February, in the Year of our 
Lord 1907. 

Thomas C. Dawson 
Emiliano Tejera 
Federico Velasquez H. 



EXTRADITION 

Treaty signed at Santo Domingo June 19, 1909 

Senate advice and consent to ratification, with an amendment, 

July 26, 1909 x 
Ratified by the President of the United States, with an amendment, 

April 29, 1910 x 
Ratified by the Dominican Republic July 11, 1910 
Ratifications exchanged at Santo Domingo August 2, 1910 
Entered into force August 2, 1910 
Proclaimed by the President of the United States August 26, 1910 

36 Stat. 2468; Treaty Series 550 

Article I 

It is agreed that the Government of the United States and the Government 
of the Dominican Republic shall, upon mutual requisition duly made as 
herein provided, deliver up to justice any person who may be charged with, 
or may have been convicted of any of the crimes specified in article two of 
this Convention committed within the jurisdiction of one of the Contracting 
Parties while said person was actually within such jurisdiction when the crime 
was committed, and who shall seek an asylum or shall be found within the 
territories of the other, provided that such surrender shall take place only 
upon such evidence of criminality, as according to the laws of the place 
where the fugitive or person so charged shall be found, would justify his 
apprehension and commitment for trial if the crime or offence had been there 
committed. 

Article II 

Persons shall be delivered up according to the provisions of this Con- 
vention, who shall have been charged with or convicted of any of the 
following crimes : 

1. Murder, comprehending the crimes designated by the terms of par- 
ricide, assassination, manslaughter, when voluntary, poisoning or infanticide. 



1 The U.S. amendment called for deletion of the phrase ", or by statute" at the end of 
para. 7(a) of art. II. 

The text printed here is the amended text as proclaimed by the President. 

200 



EXTRADITION— JUNE 19, 1909 201 

2. The attempt to commit murder. 

3. Rape, abortion, carnal knowledge of children under the age of twelve 
years. 

4. Bigamy. 

5. Arson. 

6. Willful and unlawful destruction or obstruction of railroads, which 
endangers human life. 

7. Crimes committed at sea: 

(a) Piracy, as commonly known and defined by the laws of Nations 2 ; 

(b) Wrongfully sinking or destroying a vessel at sea or attempting 
to do so; 

(c) Mutiny or conspiracy by two or more members of the crew or other 
persons on board of a vessel on the high seas, for the purpose of rebelling 
against the authority of the Captain or Commander of such vessel, or by 
fraud or violence taking possession of such vessel; 

(d) Assault on board ships upon the high seas with intent to do bodily 
harm. 

8. Burglary, defined to be the act of breaking into and entering the 
house of another in the night time with intent to commit a felony therein; 

9. The act of breaking into and entering into the offices of the Govern- 
ment and public authorities, or the offices of banks, banking houses, sav- 
ing banks, trust companies, insurance companies, or other buildings not 
dwellings with intent to commit a felony therein. 

10. Robbery, defined to be the act of feloniously and forcibly taking 
from the person of another, goods or money by violence or by putting him 
in fear. 

1 1 . Forgery or the utterance of forged papers. 

12. The forgery or falsification of the official acts of the Government or 
public authority, including Courts of Justice, or the uttering or fraudulent 
use of any of the same. 

13. The fabrication of counterfeit money, whether coin or paper, 
counterfeit titles or coupons of public debt, created by National, State, 
Provincial, Territorial, Local or Municipal Governments, bank notes or 
other instruments of public credit, counterfeit seals, stamps, dies and marks 
of State or public administrations, and the utterance, circulation or fraudulent 
use of the above mentioned objects. 

14. Embezzlement or criminal malversation committed within the juris- 
diction of one or the other party by public officers or depositaries, where the 
amount embezzled exceeds two hundred dollars. 

15. Embezzlement by any person or persons hired, salaried or employed, 
to the detriment of their employers or principals, when the crime or offence 



For an amendment of art. I f, para. 7(a), see footnote 1 , p. 200. 



202 DOMINICAN REPUBLIC 

is punishable by imprisonment or other corporal punishment by the laws 
of both countries, and where the amount embezzled exceeds two hundred 
dollars. 

16. Kidnapping of minors or adults, defined to be the abduction or 
detention of a person or persons, in order to exact money from them or their 
families, or for any other unlawful end. 

17. Larceny, defined to be the theft of effects, personal property, or 
money of the value of twenty-five dollars or more. 

18. Obtaining money, valuable securities or other property by false 
pretenses or receiving any money, valuable securities or other property know- 
ing the same to have been unlawfully obtained, where the amount of money 
or the value of the property so obtained or received exceeds two hundred 
dollars. 

19. Perjury or subornation of perjury. 

20. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, 
executor, administrator, guardian, director or officer of any Company or 
Corporation, or by any one in any fiduciary position, where the amount 
of money or the value of the property misappropriated exceeds two hundred 
dollars. 

2 1 . Crimes and offences against the laws of both countries for the sup- 
pression of slavery and slave trading. 

22. The extradition is also to take place for participation in any of the 
aforesaid crimes as an accessory before or after the fact, provided such 
participation be punishable by imprisonment by the laws of both Contract- 
ing Parties. 

Article III 

The provisions of this Convention shall not import claim of extradition 
for any crime or offence of a political character, nor for acts connected 
with such crimes or offences; and no persons surrendered by or to either 
of the Contracting Parties in virtue of this Convention shall be tried or 
punished for a political crime or offence. When the offence charged com- 
prises the act either of murder or assassination or of poisoning, either con- 
summated or attempted, the fact that the offence was committed or attempted 
against the life of the Sovereign or Head of a foreign State or against the 
life of any member of his family, shall not be deemed sufficient to sustain 
that such a crime or offence was of a political character, or was an act 
connected with crimes or offences of a political character. 

Article IV 

No person shall be tried for any crime or offence other than that for which 
he was surrendered. 



EXTRADITION— JUNE 19, 1909 203 

Article V 

A fugitive criminal shall not be surrendered under the provisions hereof, 
when, from lapse of time or other lawful cause, according to the laws of 
the place within the jurisdiction of which the crime was committed, the 
criminal is exempt from prosecution or punishment for the offence for which 
the surrender is asked. 

Article VI 

If a fugitive criminal whose surrender may be claimed pursuant to the 
stipulations hereof, be actually under prosecution, out on bail or in custody, 
for a crime or offence committed in the country where he has sought asylum, 
or shall have been convicted thereof, his extradition may be deferred until 
such proceedings be determined, and, until he shall have been set at liberty 
in due course of law. 

Article VII 

If a fugitive criminal claimed by one of the parties hereto, shall be also 
claimed by one or more powers pursuant to treaty provisions, on account of 
crimes committed within their jurisdiction, such criminal shall be delivered 
to that State whose demand is first received. 

Article VIII 

Under the stipulations of this convention, neither of the Contracting Parties 
shall be bound to deliver up its own citizens or subjects. 

Article IX 

The expense of the arrest, detention, examination and transportation of 
the accused shall be paid by the Government which has preferred the demand 
for extradition. 

Article X 

Everything found in the possession of the fugitive criminal at the time 
of his arrest, whether being the proceeds of the crime or offence, or which 
may be material as evidence in making proof of the crime, shall, so far as 
practicable, according to the laws of either of the Contracting Parties, be 
delivered up with his person at the time of the surrender. Nevertheless, the 
rights of a third party with regard to the articles aforesaid, shall be duly 
respected. 

Article XI 

The stipulations of this Convention shall be applicable to all territory 
wherever situated, belonging to either of the Contracting Parties or in the 
occupancy and under the control of either of them, during such occupancy or 
control. 



204 DOMINICAN REPUBLIC 

Requisitions for the surrender of fugitives from justice shall be made by the 
respective diplomatic agents of the Contracting Parties. In the event of the 
absence of such agents from the country or its seat of Government, or where 
extradition is sought from territory included in the preceding paragraph, 
other than the United States or the Dominican Republic, requisition may be 
made by superior consular officers. 

It shall be competent for such diplomatic or superior consular officers to 
ask and obtain a mandate or preliminary warrant of arrest for the person 
whose surrender is sought, whereupon the judges and magistrates of the two 
Governments shall respectively have power and authority, upon complaint 
made under oath, to issue a warrant for the apprehension of the person 
charged, in order that he or she may be brought before such judge or magis- 
trate, that the evidence of criminality may be heard and considered ; and if, 
on such hearing, the evidence be deemed sufficient to sustain the charge, it 
shall be the duty of the examining judge or magistrate to certify the same to 
the proper executive authority, that a warrant may issue for the surrender 
of the fugitive. 

If the fugitive criminal shall have been convicted of the crime for which 
his surrender is asked, a copy of the sentence of the Court before which such 
conviction took place, duly authenticated, shall be produced. If, however, the 
fugitive is merely charged with crime, a duly authenticated copy of the war- 
rant of arrest in the country where the crime was committed, and of the 
depositions upon which such warrant may have been issued, shall be produced 
with such other evidence or proof as may be deemed competent in the case. 

Article XII 

If, when a person accused shall have been arrested in virtue of the man- 
date or preliminary warrant of arrest, issued by the competent authority as 
provided in Article XI hereof, and been brought, before a judge or magistrate 
to the end that the evidence of his or her guilt may be heard and examined as 
herein before provided, it shall appear that the mandate or preliminary war- 
rant of arrest has been issued in pursuance of a request or declaration re- 
ceived by telegraph from the Government asking for the extradition, it shall 
be competent for the judge or magistrate at his discretion to hold the accused 
for a period not exceeding two months, so that the demanding Government 
may have opportunity to lay before such judge or magistrate legal evidence 
of the guilt of the accused, and if, at the expiration of said period of two 
months, such legal evidence shall not have been produced before such judge 
or magistrate, the person arrested shall be released, provided that the exami- 
nation of the charges preferred against such accused person shall not be 
actually going on. 

Article XIII 

In every case of a request made by either of the two Contracting Parties for 
the arrest, detention or extradition of fugitive criminals, the legal officers or 



EXTRADITION— JUNE 19, 1909 205 

fiscal ministry of the country where the proceedings of extradition are had, 
shall assist the officers of the Government demanding the extradition before 
the respective judges and magistrates, by every legal means within their or its 
power; and no claim whatever for compensation for any of the services so 
rendered shall be made against the Government demanding the extradition, 
provided however, that any officer or officers of the surrendering Government 
so giving assistance, who shall, in the usual course of their duty, receive no 
salary or compensation other than specific fees for services performed, shall 
be entitled to receive from the Government demanding the extradition the 
customary fees for the acts or services performed by them, in the same man- 
ner and to the same amount as though such acts or services had been per- 
formed in ordinary criminal proceedings under the laws of the country of 
which they are officers. 

Article XIV 

This Convention shall take effect from the day of the exchange of the 
ratifications thereof; but either Contracting Party may at any time terminate 
the same on giving to the other six months notice of its intention to do so. 

The ratifications of the present Treaty shall be exchanged at the City of 
Santo Domingo as soon as possible. 

In witness whereof, the respective Plenipotentiaries have signed the above 
articles, and have hereunto affixed their seals. 

Done, in duplicate, at the City of Santo Domingo, this nineteenth day of 
June, one thousand nine hundred and nine. 

Fenton R. McCreery [seal] 

E. Tejera Bonetti [seal] 



RATIFICATION OF AGREEMENT 
OF EVACUATION 

Convention signed at Santo Domingo June 12, 1924 

Senate advice and consent to ratification January 21, 1925 

Ratified by the President of the United States June 1, 1925 

Ratified by the Dominican Republic June 30, 1925 

Ratifications exchanged at Santo Domingo December 4, 1925 

Entered into force December 4, 1925 

Proclaimed by the President of the United States December 8, 1925 

44 Stat. 2193; Treaty Series 729 

Whereas, in the month of May, 1916, the territory of the Dominican 
Republic was occupied by the forces of the United States of America, dur- 
ing which occupation there was established, in substitution of the Dominican 
Government, a Military Government which issued governmental regulations 
under the name of Executive Orders and Resolutions and Administrative 
Regulations, and also celebrated several contracts by virtue of said Executive 
Orders or by virtue of some existing laws of the Republic; 

Whereas, the Dominican Republic has always maintained its right to 
self-government, the disoccupation of its territory and the integrity of its 
sovereignty and independence; and the Government of the United States 
has declared that, on occupying the territory of the Dominican Republic, 
it never had, nor has at present, the purpose of attacking the sovereignty 
and independence of the Dominican Nation; and these rights and declara- 
tions gave rise to a Plan or Modus Operandi of Evacuation signed on 
June 30, 1922, by Monsenor A. Nouel, General Horacio Vasquez, Don 
Federico Velasquez y H., Don Elias Brache, hijo, and Don Francisco J. 
Peynado, and the Department of State, represented by the Honorable 
William W. Russell, Envoy Extraordinary and Minister Plenipotentiary of 
the United States in the Dominican Republic, and the Honorable Sumner 
Welles, Commissioner of the President of the United States, which met with 
the approval of the Dominican people, and which approval was confirmed 
at the elections that took place on March 15, of the present year; 

Whereas, although the Dominican Republic has never delegated author- 
ity to any foreign power to legislate for it, still, it understands that the internal 
interests of the Republic require the validation or ratification of several 

206 



EVACUATION— JUNE 12, 1924 207 

of the Executive Orders and Resolutions, published in the Official Gazette, 
as well as the Administrative Regulations and Contracts of the Military 
Government celebrated by virtue of said Orders or of any Law of the Repub- 
lic; and, on its part, the United States considers that it is also to its interest 
that said acts be validated or ratified; for these reasons one of the stipula- 
tions in the above-mentioned Plan of Evacuation provides for the celebration 
of a Treaty or Convention of Ratification or Validation of said Orders, 
Resolutions, Regulations and Contracts; 

Therefore, the United States of America and the Dominican Republic, 
desirous of celebrating the above-mentioned Treaty or Convention, have 
named for this purpose their Plenipotentiaries as follows: 

The President of the United States, William W. Russell, Envoy Extraor- 
dinary and Minister Plenipotentiary of the United States in Santo Domingo, 
and, 

The Provisional President of the Dominican Republic, Don Horacio 
Vasquez, Don Federico Velasquez y H., and Don Francisco J. Peynado, 
who, after having exchanged their full powers, and after having found them 
in due and proper form, have agreed upon the following : 

1. The Dominican Government hereby recognizes the validity of all 
the Executive Orders and Resolutions, promulgated by the Military Gov- 
ernment and published in the Official Gazette, which may have levied 
taxes, authorized expenditures, or established rights on behalf of third 
persons, and the administrative regulations issued, and contracts which may 
have been entered into, in accordance with those Orders or with any law of 
the Republic. Those Executive Orders and Resolutions, Administrative 
Regulations and Contracts are those listed below: 

EXECUTIVE ORDERS 

2, 8, 9, 14, 17, 19, 23, 27, 28, 31, 34-38 elusive, 435-443 inclusive, 445, 447, 449, 
inclusive, 43, 44, 46, 48, 52, 53, 55, 58, 451, 454-461 inclusive, 463-489 inclusive, 
60, 61, 64, 65, 68, 69, 71, 75, 79, 81-85 491-498 inclusive, 500, 502, 504-506 in- 
inclusive, 88, 89, 91, 92, 94, 95, 97, 104, elusive, 509, 510, 513-517 inclusive, 519- 
106, 108, 110-112 inclusive, 114, 116, 118, 526 inclusive, 530, 532-547 inclusive, 549, 
119, 121, 126, 128-130 inclusive, 133-136 550, 552-556 inclusive, 558-563 inclusive, 
inclusive, 139, 142, 143, 145, 146, 148-151 566, 569, 570, 574-577 inclusive, 579-590 
inclusive, 153-163 inclusive, 166, 168, 169, inclusive, 593, 594, 596, 597, 599-610 
171, 173, 174, 176-178 inclusive, 183, 185- inclusive, 612-615 inclusive, 617-629 in- 
187 inclusive, 190-195 inclusive, 197-203 elusive, 634-643 inclusive, 645, 647-651 
inclusive, 205-212 inclusive, 214, 215, 218, inclusive, 653-656 inclusive, 658, 660-668 
220, 223-225 inclusive, 229-231 inclusive, inclusive, 670-685 inclusive, 687, 689, 690, 
233-243 inclusive, 245-250 inclusive, 252, 692-697 inclusive, 699, 701-703 inclusive, 
254-260 inclusive 262-266 inclusive 269- 706 -710 inclusive, 712-719 inclusive, 721, 
277 inclusive, 280-282 ncusve, 285-298 „, ,,, . , . ' ,„. ,,. . , . ' ,., ' 

i • on,> or.n • , • ,„, on-, • 723-733 inclusive, 735-738 inclusive, 741- 

mclusive, 300-302 inclusive, 304-307 in- -,.. . . . _, ' _ co _,.„ ..." __, 

-1...: 111 9io qia qio • i • oon '•'"" inclusive, 750, 752-759 inclusive, /fal- 

clusive, 311, 312, 314-318 inclusive, 320- nCA . .' ' , . ' . 

322 inclusive, 324-326 inclusive, 328-336 764 inclusive, 766, 768-775 inclusive, 

inclusive, 338-367 inclusive, 369-375 in- 777-779 inclusive, 782, 783, 784, 785, 786, 

elusive, 377-391 inclusive, 393, 395, 396, 787, 789, 790, 791, 792, 793, 794, 795, 796, 

398, 400, 402-413 inclusive, 415-433 in- 799, 800. 



208 



DOMINICAN REPUBLIC 



RESOLUTIONS 

Foment o and Communications 



Resolution Official Gazette 
No. 2790 Barahona Company. 

Resolution Official Gazette 

No. 2821 Santa Fe Plantation Sugar Co. 

Resolution Official Gazette 
No. 2845 Central Romana. 

Resolution Official Gazette 
No. 2849 Central Romana. 

Resolution Official Gazette 

No. 2850 Santa Fe Plantation Sugar Co. 

Resolution Official Gazette 

No. 2861 Central Boca Chica Co. 

Resolution Official Gazette 

No. 2862 Installation of a telephone line. 

Resolution Official Gazette 

No. 2911 Installation of a telephone line. 

Resolution Official Gazette 

No. 2911 Santa Fe Plantation Sugar Co. 

Resolution Official Gazette 

No. 2929 Ingenio Cristobal Colon. 

Resolution Official Gazette 
No. 2967 Cancellation. 

Resolution Official Gazette. 
No. 2993 Cia. Anonima de Explotaciones 
Industriales. 

Resolution Official Gazette 

No. 2993 San Cristobal Mining Co. 

Resolution Official Gazette 
No. 3008 Bentz Hnos. 

Resolution Official Gazette 
No. 3015 Bentz Hnos. 

Resolution Official Gazette 
No. 3036 Barahona Company. 

Resolution Official Gazette 
No. 3037 Julio V. Abreu. 

Resolution Official Gazette 
No. 3076 Central Romana. 

Resolution Official Gazette 
No. 3076 Barahona Company. 

Resolution Official Gazette 
No. 3093 Luis del Monte. 

Resolution Official Gazette 
No. 3093 Jose Mota Ranche. 

Resolution Official Gazette 
No. 3106 Central Romana. 



Resolution Official Gazette 
No. 3106 Central Romana. 

Resolution Official Gazette 
No. 3106 Castillo Hnos. 

Resolution Official Gazette 
No. 3106 Barahona Company. 

Resolution Official Gazette 
No. 3106 Barahona Company. 

Resolution Official Gazette 
No. 3121 Consuelo Sugar Co. 

Resolution Official Gazette 
No. 3126 Sres. Noboa Hnos. 

Resolution Official Gazette 
No. 3129 Barahona Company. 

Resolution Official Gazette 
No. 3129 Consuelo Sugar Co. 

Resolution Official Gazette 
No. 3159 Barahona Company. 

Resolution Official Gazette 
No. 3159 Central Romana. 

Resolution Official Gazette 
No. 3160 Barahona Company. 

Resolution Official Gazette 
No. 3162 Pardo y Ely Dorsey. 

Registered 1, 2 and 3. 

Resolution Official Gazette 

No. 3162 J. Amando Bermudez. 

Resolution Official Gazette 

No. 3196 Lorenzo Gautier Olives. 

Resolution Official Gazette 
No. 3203 Barahona Company. 

Resolution Official Gazette 
No. 3235 Barahona Company. 

Resolution Official Gazette 
No. 3242 Central Romana. 

Resolution Official Gazette 
No. 3243 Manuel Bermudez. 

Resolution Official Gazette 
No. 3274 Cia. Anonima de Inversiones In- 
mobiliarias. 

Resolution Official Gazette 
No. 3243 Cia. Nnonima de Inversiones 
Inmobiliarias. 

Resolution Official Gazette 
No. 3354 Barahona Company. 



EVACUATION— JUNE 12, 1924 



209 



Resolution Official Gazette 
No. 3313 Ingenio Santa Fe de San Pedro 
de Macoris. 

Resolution Official Gazette 
No. 2786 Central Romana. 



Resolution Official Gazette 
No. 2787 L. E. Alvarez. 

Resolution Official Gazette 
No. 3358 Barahona Company. 



Agriculture and Immigration 



Resolution No. 61 
Official Gazette No. 2838 
Declaracion de Zonas Agricolas en la Pro- 
vincia de Barahona. 

Resolution No. 64 

Official Gazette Nos. 2853 and 2854— 
Declaracion de Zonas Agricolas en la Pro- 
vincia de Barahona. 

Resolution No. 66 
Official Gazette No. 3003— 
Declaracion de Zonas Agricolas en la Pro- 
vincia de Barahona. 

Resolution No. 86 

Official Gazette No. 3089— 

Luis Holguer. 

Todos los permisos de inmigracion y ordenes 

de deportacion expedidos por esta 

Secretaria. 

Resolution No. 88 
Official Gazette No. 3133 — 
Declaracion de Zonas Agricolas en Bara- 
hona. 

Resolution No. 89 
Official Gazette No. 3145 — 
Declaracion de Zonas Agricolas en la Pro- 
vincia de Barahona. 

Resolution No. 91 
Official Gazette No. 3167 — 
Declaracion de Zonas Agricolas en la Pro- 
vincia de Santo Domingo. 

Resolution No. 92 

Official Gazette No. 3180 — 

Industrial Alcohol Cia. 

Resolution No. 93 
Official Gazette No. 3180— 
Declaracion de Zonas Agricolas en la Pro- 
vincia de Santo Domingo. 

Resolution No. 94 
Official Gazette No. 3197 — 
Declaracion de Zonas Agricolas en la Pro- 
vincia de Santo Domingo. 

Resolution No. 95 
Official Gazette No. 3219 — 
Declaracion de Zonas Agricolas en la Pro- 
vincia de Monte Cristi. 



Resolution No. 96 

Official Gazette No. 3242— 

Alvaro Fernandez. 

Resolution No. 97 

Official Gazette No. 3243— 

Rectificacion Limites -» 

Mencionados en Resolucion 

No. 94 referente a Bani. 

Resolution No. 98 

Official Gazette No. 3301— 

Cancelando Resolucion No. 97. 

Resolution No. 99 

Official Gazette No. 3332— 

Asociacion de Regantes. 

Water titles issued by the Secretariat of 
State for Agriculture by virtue of Execu- 
tive Order No. 318, to the following: 

Domingo Rodriguez — 

Agua del Rio San Juan, Azua. 

Jesus M. Vargas — 

Agua del Rio el Cano de Bona, 

Neiba, Barahona. 

Alberto Perdomo — 

Agua del Rio Plaza Cacique. 

Santiago J. Rodriguez- — 

Agua del Rio Macasia, Matas de Farfan. 

J. Julio Coiscou — 

Agua del Rio Biran, Barahona. 

Asociacion La Altagracia — 

Agua del Rio El Manguito, Neiba. 

Arbaje Hnos — ■ 

Agua del Rio Macasia, Matas de Farfan. 

A. Santiago — 

Agua del Rio Macasia, Matas de Farfan. 

Manuel de Perez — 

Agua del Rio Camana, Neiba. 

Sociedad de Irrigacion Los Tres — 
Agua del Rio San Juan, San Juan, Azua. 

Joaquin Gracia — 

Agua del Rio Yaque del Sur, Barahona 

Sociedad de Irrigacion Amantes de las 

Agricultura — 
Agua del Rio San Juan, San Juan, Azua. 



210 DOMINICAN REPUBLIC 

Ismael Mateo — Sociedad de Irrigacion El Esfucrzo — 

Agua del Rio de Jacahueque, Matas de Agua del Rio Bani. 

Fsrf 3.n 

Sociedad de Irrigacion El Progreso — 

Inomina Palmer — Agua del Rio Bani. 

Agua del Rio Jacahueque, Matas de „ . , , , T . .,,„,, 

p ar ££ n Sociedad de Irrigacion La Voluntad — 

Agua del Rio Bani. 
Sociedad de Irrigacion La Union — 
Agua del Rio San Juan, San Juan, Azua. Sociedad de Irrigacion La Legalidad— 

c • a a a t • •- t tt •' Agua del Rio Bani. 

Sociedad de Irrigacion La Union — 

Agua del Rio Macasia, Matas de Farfan. Sociedad de Irrigacion El Adelanto — 

c-jjjT- "t/-i • Agua del Rio Bani. 

Sociedad de Irrigacion La Competencia— ° 

Agua del Rio Maria Chiquita, Neiba. Wenceslao Ramirez — 

Francisco Tomillo— A S ua del ^° Mi J°> San J uan > Azua - 

Agua del Rio San Juan, San Juan, Azua. Resolution No. 74 

Sociedad de Irrigacion El Porvenir — Official Gazette No. 3355 — Luis L. 
Rio Las Marias, Neiba. Bogaert. 

All letters of naturalization and permits to establish residence granted for 
the purpose of naturalization, in accordance with Article 11 of the 
Constitution. 

All permits issued to establish legal residence in the Republic in accordance 
with Article 14 of the Civil Code. 

Resolution regarding the sale of the Cruiser Independence, under date 
of February 20, 1918, and the tugboat Aguila, under date of June 6, 1918. 
(Not yet published) 

Resolution — Official Gazette No. 3203, approving the increase in the 
tariff tax of the municipal aqueduct (Puerto Plata) . 

All the resolutions passed by the Ayuntamientos and approved by the 
Military Government. 

Sanitation and Charity 

Sanitary Code published in the Official Gazette No. 3181, December 
29, 1920. 

Treasury 
Circular E-105, December 8, 1919. 

INTERNATIONAL CONVENTIONS ENTERED INTO DURING THE PERIOD OF THE 

MILITARY GOVERNMENT 

Fomento and Communications 

Spanish-American Postal Convention of Madrid of November 2, 1920. 
Resolution No. 7, of March 1 2, 1 92 1 . 

Universal Postal Convention of Madrid of November 30, 1920. Resolution 
No. 21 of December 31, 1921. 

Universal Parcel Post Convention of Madrid of November 30, 1920. Resolu- 
tion No. 32 of December 31,1921. 



EVACUATION— JUNE 12, 1924 



211 



Dominican-Spanish Postal Convention of November 17, 1921. Resolution 

No. 13 of April 29, 1922. 
Pan-American Convention of Buenos Aires dated September 15, 1921. 

Resolution No. 25 of July 26, 1922. 

Resolution approving the Postal Convention between the Dominican 
Republic and the United States of America, under date of May 19, 1917. 

ADMINISTRATIVE REGULATIONS 



Fomento and Communications 



Departmental Order— 

2801 — Department 

No. 1. 
Departmental Order— 

zetteNo. 2841. 
Departmental Order— 

zette No. 2852. 
Departmental Order— 

zette No. 2856. 
Departmental Order— 

zette No. 2861. 
Departmental Order— 

zette No. 2862. 
Departmental Order— 

zette No. 2863. 
Departmental Order— 

zette No. 2868 B. 
Departmental Order— 

zette No. 2923. 



-Official Gazette No. 
of Fomento Order 

-No. 6— Official Ga- 

-No. 8— Official Ga- 

-No. 10— Official Ga- 

•No. 12— Official Ga- 

■No. 11— Official Ga- 

No. 14— Official Ga- 

No. 15— Official Ga- 

No. 16— Official Ga- 



Departmental Order- 

zette No. 2933. 
Departmental Order- 

zette No. 2960. 
Departmental Order- 

zette No. 2988. 
Departmental Order- 

zette No. 2998. 
Departmental Order- 

zette No. 3026. 
Departmental Order- 

zette No. 3035. 
Departmental Order- 

zette No. 3124. 
Departmental Order- 

zette No. 3159. 
Departmental Order- 

zette No. 3192. 



-No. 19- 
-No. 21- 
-No. 22- 
-No. 23- 
-No. 24- 
-No. 25- 
-No. 27- 
-No. 28- 
-No. 29- 



Departmental Order No. 

zette No. 2992. 
Departmental Order No. 

zette No. 3084. 
Departmental Order No. 

zette No. 3124. 
Departmental Order No. 

zette No. 3128. 
Departmental Order No. 

zetteNo. 3128. 
Departmental Order No. 

zetteNo. 3152. 
Departmental Order No. 

zette No. 3355. 



Agriculture and Immigration 
2— Official Ga- 



5— Official Ga- 



13— Official Ga- 



20— Official Ga- 



21— Official Ga- 



27— Official Ga- 



31— Official Ga- 



Departmental Order No. 36 — 

zetteNo. 3153. 
Departmental Order No. 38- 

zette No. 3159. 
Departmental Order No. 57- 

zette No. 3203. 
Departmental Order No. 60- 

zette No. 3211. 
Departmental Order No. 85 — 

zette No. 3291. 
Departmental Order No. 89- 

zette No. 3328. 
Departmental Order No. 92- 

zette No. 3346. 



-Official Ga- 
-Official Ga- 
-Official Ga- 
-Official Ga- 
-Official Ga- 
-Official Ga- 
-Official Ga- 
-Official Ga- 
-Official Ga- 

Official Ga- 
Official Ga- 
Official Ga- 
Official Ga- 
Official Ga- 
Official Ga- 
Official Ga- 



Interior and Police 

Departmental Order No. 1 3 granting authorization to the Junta dc Caridad 
"Padre Bilini" in order that it might contract a loan of $15,000. (Not yet 
published ) 



259-333—71- 



-15 



212 



DOMINICAN REPUBLIC 



Justice and Public Instruction 

Departmental Order No. 1 of 1921, under date of February 19 of the same 
year. (Division of "cumunero" lands) 

All the Departmental orders of the Department of Justice and Public In- 
struction relative to public instruction, with the exception of Orders Nos. 
5, 9 and 16 of 1917; No. 97 of 1 9 1 8 ; and Special Order No. 1 of 1919, until 
the installation of the Provisional Government. 



CONTRACTS 



Treasury 

Contracts entered into between the Military Government and the persons 
listed below for the rental of urban properties of the Republic : 



Contract No. 58 with A. Humberto Aybar, 
under date of March 7, 1918. (one lot) 

Contract with Selidonia Petiton Vda. 
Parisien, under date of December 12, 
1918. (one lot) 

Contract with Elias Jose, under date of 
December 4, 1918. (one lot) 

Contract with Justiniano Acosta, under 
date of December 6, 1918. (one lot) 

Contract with Donato Perez, under date of 
December 2, 1918. (one lot) 

Contract with Anita Buenrostro, under 
date of December 4, 1918. (one lot) 

Contract with Urbano Acosta, under date 
of December 2, 1918. (one lot) 

Contract with Celestino Fontana, under 
date of December 20, 1918. (one lot) 

Contract with Ulises Cuello, under date of 
May 26, 1919. (one lot) 

Contract with Alejandro Defio, under date 
of May 26, 1919. (one lot) 

Contract No. 59 with Agustin Hernandez, 
under date of July 21, 1919. (one house) 

Contract No. 60 with R. O. Galvan, under 
date of October 31, 1919. (one lot) 

Contract No. 61 with Pablo Gobaira, under 
date of November 11, 1919. (one lot) 

Contract No. 62 with Abelardo Jose Ro- 
mano, under date of November 11, 1919. 
(one lot) 

Contract No. 63 with Jorge Bazil, under 
date of November 11, 1919. (one lot) 

Contract with Earle T. Fiddler for the ex- 
traction of sand and other products. 

Contract No. 1 with Francisco J. Peynado, 
under date of December 14, 1917: Rental 
of house No. 33 de la Calle Jose Reyes. 

Contract No. 2 with Felix Gonzalez, under 
date of January 1, 1918: Transfer serv- 
ice in the Port of Macoris. 



Contract with Francisco J. Peynado, No. 4, 
under date of April 12, 1918: Rental of 
house No. 46 de la Calle Mercedes. 

Contract No. 5 with Alej. Penso, under date 
of December 17, 1918: Rental of house 
No. 15 Calle Beler and the upper floors 
of house No. 13/36 de la Calle Beler, 
corner of Comcrcio, both in Santiago. 

Contract No. 6 with J. L. Manning, under 
date of July 12, 1919: (Designating In- 
ternational Banking Corporation as de- 
positary of Government funds) 

Contract No. 8 with the La Fe Lodge, un- 
der date of September 29, 1919: Rescind- 
ing a rental contract covering the build- 
ing known by the name of "Logia La 
Fe". 

Contract No. 9 with Ig. Cat. Apostolica Ro- 
mana, under date of September 25, 1919: 
Establishing an agreement pending the 
determination of ownership of the build- 
ings annexed to the Iglesia de Regina. 

Contract No. 26 with Sue. Juan Nieves 
Reyes, under date of June 4, 1920 : Trans- 
fer of rights to a tract of land in Nigua. 

Contract No. 27 with Agapito, Lorenzo and 
Mercedes Ant. Reyes, under date of June 
27, 1920: Purchase of land in Nigua for 
the National Leper Colony of Nigua. 

Contract No. 29 with Alberto Ascensio, 
under date of October 1, 1920: Rental of 
a piece of land located in Santiago in 
Bella Vista which measures 96 tareas. 
(The Government is the renter) 

Contract No. 30 with Junta Fabrica Iglesia 
del Rosario in Moca, under date of Sep- 
tember 30, 1920: Payment of $32,315.52 
in order that the Board might relieve the 
Government of all responsibility occa- 
sioned by Executive Order No. 420 and 
its amendments. 



EVACUATION— JUNE 12, 1924 213 

Contract No. 31 with Junta Fabrica Iglesia Contract with Frank L. Mitchell, under 

Salcedo, under date of October 5, 1920: date of September 19, 1921: Construc- 

Payment of $26,400.00 in order to relieve tion of a pump and installation of piping 

the Government of all claims by reason for pumping salt water, 

of Executive Order No. 420. Contract with Frank L. Mitchell, under 

Contract No. 32 with Melendez y Godoy, date of March 16, 1921: Construction 

under date of March 14, 1921 : Payment f a railroad bridge, 

of $85,891.00 in order that the Govern- Contract with Gaetan Bucher y Nicolas 

ment might be relieved of all claims by Cortina, under date of March 4, 1921: 

reason of Executive Order No. 513. Construction of warehouses. 

Contract No. 34 with R. M. Lepcrvanche, Contract with Frank L. Mitchell, under 

under date of February 11, 1922: Print- date f March 16, 1921: Construction 

ing stamps. f a wna rf. 

Contract No. 35 with R. M. Lepervanche, Contract with G. H. Lippitt, under date of 

under date of March 16, 1921 : Printing September 3, 1920: Installation of a pipe 

stamps. line f or molasses. 

Contract with Divanna-Gnsoha & Com- „ • ... T „. . „ .-, , 

_. , , , , T , ,„ iri r,n Contract with Lee, Higeinson & Co., under 

pania, under date ol November 18, 1920: , . . .. . ir >no t c 

„ , j i f t u date of April 4, 1922: Loan of 

Purchase and sale of 1 obacco. » 

Contract with Grace & Co., under date of .>o,/UU,UUU. 

November 18, 1920: Purchase and sale Contract with the Compama de Mieles 

of Tobacco in Europe. Dominicana C. por A., under date of 

Contract with Grace & Co., under date of March 25, 1922: Extension of the con- 
September 29, 1919: Purchasing Agency. cessions and for a pipe line for molasses. 

Fomento and Communications 

All the contracts existing between the Department of Fomento and Com- 
munications and other persons for the rental of buildings for postoffices in 
force on the date of the installation of the Provisional Government. 

March Engineering & Contracting Co. — Contract dated August 23, 1921, for "Con- 
struction Barahona Market" 

Chief of Surveyors — -(Land Survey) Four contracts which have been made for the 
advance of funds as follows: 

(a) Central Romana, Inc., June 29, 1921 . 

(b) Barahona and allied companies: December 31 , 1921 . 

(c) Ingenio Santa Fe — March 3, 1922. 

(d) Ingenio Santa Fe — May 16, 1920. 

Interior and Police 

Contract between the Military Government and the Commune of Azua 
for a loan of $20,000.00 (veinte mil pesos) at a rate of interest of 5%, under 
date of December 31,1919. 

Contract between the Commune of Azua and the International Banking 
Corporation for a loan of $15,000.00 (quince mil pesos), under date of De- 
cember 31, 1919. 

Cancellation, under date of June 8, 1920, of the loan of $15,000.00 (quince 
mil pesos) with the International Banking Corporation mentioned above. 

Loan of the Military Government to the Commune of Azua of $15,000.00 
(quince mil pesos) at a rate of interest of 5%, under date of June 8, 1920. 

Contract between the Commune of Barahona and the Military Govern- 
ment for a loan of $25,000.00 (veinticinco mil pesos) at a rate of interest of 
5%, under date of April 8, 1920. 



214 DOMINICAN REPUBLIC 

Contract between the Commune of Villa Mella and the Military Govern- 
ment for a loan of $14,650.00 (catorce mil seis cientos cincuenta pesos) at a 
rate of interest of 5 % under date of May 25, 1 920. 

The Dominican Government likewise agrees that those Executive Orders, 
those resolutions, those administrative regulations, and those contracts shall 
remain in full force and effect unless and until they are abrogated by those 
bodies which, in accordance with the Dominican Constitution, can legislate. 
But, this ratification, in so far as concerns those of the above mentioned Execu- 
tive Orders, resolutions, administrative regulations, and contracts, which 
have been modified or abrogated by other Executive Orders, resolutions, or 
administrative regulations of the Military Government, only refers to the legal 
effects which they created while they were in force. 

The Dominican Government further agrees that neither the subsequent 
abrogation of those Executive Orders, resolutions, administrative regulations, 
or contracts, or any other law, Executive Order, or other official act of the 
Dominican Government, shall affect the validity or security of rights ac- 
quired in accordance with those orders, those resolutions, those administra- 
tive regulations and those contracts of the Military Government; the contro- 
versies which may arise related with those rights acquired will be determined 
solely by the Dominican Courts, subject, however, in accordance with the 
generally accepted rules and principles of international law, to the right of 
diplomatic intervention if those Courts should be responsible for cases of no- 
torious injustice or denial of justice. The determination of such cases in 
which the interests of the United States and the Dominican Republic only 
are concerned shall, should the two Governments disagree, be by arbitration. 
In the carrying out of this agreement, in each individual case, the High Con- 
tracting Parties, once the necessity of arbitration is determined, shall con- 
clude a special agreement defining clearly the scope of the dispute, the scope 
of the powers of the arbitrators, and the periods to be fixed for the formation 
of the arbitral tribunal and the several stages of the procedure. It is under- 
stood that on the part of the United States, such special agreements will be 
made by the President of the United States, by and with the advice and con- 
sent of the Senate thereto, and on the part of the Dominican Republic shall 
be subject to the procedure required by the Constitution and laws thereof. 

II. The Dominican Government, in accordance with the provisions of 
Article I, specifically recognize the bond issue of 1918 and the twenty-year 
five and one-half per cent Customs Administration Sinking Fund Gold Bond 
Issue authorized in 1922, as legal, binding, and irrevocable obligations of the 
Republic, and pledges its full faith and credit to the maintenance of the 
service of those bond issues. With reference to the stipulation contained in 
Article 10 of the Executive Order No. 735, in accordance with which the 
loan of five and one-half per cent authorized in 1922 was issued, which 
provides : 



EVACUATION— JUNE 12, 1924 215 

'That the present customs tariff will not be changed during the life of this 
loan without previous agreement between the Dominican Government and 
the Government of the United States;' 

the two Governments concerned agree in interpreting this stipulation in the 
sense that, in accordance with article 3 [III] of the Convention of 1907, 1 a 
previous agreement between the Dominican Government and the United 
States shall be necessary to modify the import duties of the Dominican Re- 
public, it being an indispensable condition for the modification of such duties 
that the Dominican Executive demonstrate and that the President of the 
United States recognize that, on the basis of exportations and importations 
to the like amount and the like character during the two years preceding 
that in which it is desired to make such modification, the total net customs 
receipts would at such altered rates of duties have been, for each of such two 
years, in excess of the sum of $2,000,000 United States gold. 

III. The Dominican Government and the Government of the United 
States agree that the Convention signed on February 8, 1907, between the 
United States and the Dominican Republic, shall remain in force so long as 
any bonds of the issues of 1918 and 1922 shall remain unpaid, and that the 
duties of the General Receiver of Dominican Customs appointed in ac- 
cordance with that Convention shall be extended to include the application 
of the revenues pledged for the service of those bond issues in accordance with 
the terms of the Executive Orders and of the contracts under which the 
bonds were issued. 

IV. This arrangement shall take effect after its approval by the Senate 
of the United States and the Congress of the Dominican Republic. 

Done in four originals, two in the English language, and two in the 
Spanish, and the representatives of the High Contracting Powers signing 
them in the City of Santo Domingo, this twelfth day of June, nineteen hun- 
dred and twenty-four. 

William W. Russell [seal] 

Horacio Vasquez [seal] 

Fed co Velasquez y H. [seal] 

Fran c J. Peynado [seal] 



Convention signed at Santo Domingo Feb. 8, 1907 (TS 465), ante, p. 196. 



MOST-FAVORED-NATION TREATMENT 
IN CUSTOMS MATTERS 

Exchange of notes at Washington September 25, 1924 
Entered into force September 25, 1924 
Terminated May 19, 1950 1 

Treaty Series 700 

The Secretary of State to the Dominican Minister 

Department of State 
Washington, September 25, 1924 

Sir: 

I have the honor to make the following statement of my understanding 
of the agreement reached through recent conversations held at Washington 
by representatives of the Government of the United States and the Govern- 
ment of the Dominican Republic with reference to the treatment which the 
United States shall accord to the commerce of the Dominican Republic and 
which the Dominican Republic shall accord to the commerce of the United 
States. 

These conversations have disclosed a mutual understanding between the 
two Governments which is that, in respect to import, export and other 
duties and charges affecting commerce, as well as in respect to transit, 
warehousing and other facilities, the United States will accord to the 
Dominican Republic and the Dominican Republic will accord to the United 
States, its territories and possessions, unconditional most-favored-nation 
treatment. 

It is understood that 

No higher or other duties shall be imposed on the importation into or 
disposition in the United States, its territories or possessions, of any articles 
the produce or manufacture of the Dominican Republic than are or shall be 
payable on like articles the produce or manufacture of any foreign country; 

No higher or other duties shall be imposed on the importation into or 
disposition in the Dominican Republic of any articles the produce or manu- 
facture of the United States, its territories or possessions than are or shall 
be payable on like articles the produce or manufacture of any foreign country ; 

1 Date on which the Dominican Republic became a contracting party to the General 
Agreement on Tariffs and Trade (TIAS 1700, ante, vol. 4, p. 641). 

216 



CUSTOMS— SEPTEMBER 25, 1924 217 

Similarly, no higher or other duties shall be imposed in the United States, 
its territories or possessions, or in the Dominican Republic on the exportation 
of any articles to the other, or to any territory or possession of the other, than 
are payable on the exportation of like articles to any foreign country; 

Every concession with respect to any duty or charge affecting commerce 
now accorded or that may hereafter be accorded by the United States or by 
the Dominican Republic, by law, proclamation, decree or commercial treaty 
or agreement, to the products of any third country will become immediately 
applicable without request and without compensation to the commerce of 
the Dominican Republic and of the United States, its territories and posses- 
sions, respectively : 

Provided that this understanding does not relate to 

(1) The treatment which the United States accords or may hereafter 
accord to the commerce of Cuba or any of the territories or possessions of 
the United States or the Panama Canal Zone, or to the treatment which is 
or may hereafter be accorded to the commerce of the United States with any 
of its territories or possessions or to the commerce of its territories or posses- 
sions with one another; 

(2) Prohibitions or restrictions of a sanitary character or designed to 
protect human, animal or plant life or regulations for the enforcement of 
police or revenue laws. 

The present arrangement shall become operative on the day of signature 
and, unless sooner terminated by mutual agreement, shall continue in force 
until thirty days after notice of its termination shall have been given by either 
party; but should either party be prevented by future action of its legislature 
from carrying out the terms of this agreement, the obligations thereof shall 
thereupon lapse. 

I shall be glad to have your confirmation of the accord thus reached. 

Accept, Sir, the renewed assurance of my highest consideration. 



Charles E. Hughes 



Sehor Jose del Carmen Ariza, 

Minister of the Dominican Republic. 



The Dominican Minister to the Secretary of State 

[translation] 

Legation of the Dominican Republic 

Washington, September 25, 1924 

Mr. Secretary of State : 

I have the honor to acknowledge receipt of the note dated this day in 
which your Excellency sums up the agreement reached in the conferences 



218 DOMINICAN REPUBLIC 

recently held in this city between the Government of the United States and 
the Government of the Dominican Republic concerning the treatment which 
the United States will grant to the commerce of the Dominican Republic 
and which the Dominican Republic will grant to the commerce of the United 
States. 

Those conferences disclosed a mutual understanding between the two Gov- 
ernments which is that with regard to importation, exportation and other 
duties and dues to which commerce is subject as also with regard to the 
transit, storage, and other facilities, the United States, its territories or pos- 
sessions will grant to the Dominican Republic, and the Dominican Republic 
will grant to the United States, its territories or possessions, unconditional 
most favored nation treatment. 

It is understood that there shall not be imposed duties of importation or 
of disposal in the United States, its territories or possessions on articles that 
are the products of the soil or of the industry of the Dominican Republic 
higher or other than those that are, or may be payable on said articles when 
they proceed from the soil or the industry of any other foreign country and, 
in the same manner, there shall not be levied duties of importation or disposal 
in the Dominican Republic on articles that are the product of the soil or 
the industry of the United States, its territories or possessions higher or other 
than those which are or may be payable on said articles when they proceed 
from the soil or the industry of any other foreign country whatsoever. 

In the same sense there shall not be imposed in the United States, its 
territories or possessions, nor in the Dominican Republic on articles exported 
from one country to the other or to any territory or possession of the other, 
export duties higher or other than those that are or may be assessed when 
the said articles are exported to any other foreign country whatsoever. 

Any concession granted or that may be hereafter granted by the United 
States, or by the Dominican Republic by means of a law, decree, resolu- 
tion, or agreement on the products of any other country with respect to the 
duties or dues that affect commerce, will as of right extend without request 
or compensation of any kind to the commerce of the Dominican Republic 
and that of the United States, its territories and possessions respectively. 

Provided, however, that this understanding does not refer: 

1 . To the treatment that the United States now accords or may hereafter 
accord to the commerce of Cuba or any of the territories or possessions of the 
United States or the Panama Canal Zone or to the treatment that is granted 
or may be granted to the commerce between the United States and any of its 
territories or possessions or to the commerce of its territories and possessions 
with one another. 

2. To the prohibitions or restrictions of a sanitary character or for the 
protection of human beings, animals or plants, or the regulations for the 
enforcement of the revenue or police laws. 



CUSTOMS— SEPTEMBER 25, 1924 219 

It is understood that this agreement will go into effect immediately upon 
the date of its signature and unless terminated before, by common accord, 
will continue in force until thirty days shall have elapsed after the notice given 
by one party to the other of its intention to terminate the agreement; but in 
case either one of the two parties should be unable to fulfill the terms of this 
agreement by reason of future action of its legislature the obligations which 
it imposes will be without effect. 

I have the honor to inform your Excellency that I have received instruc- 
tions from my Government to confirm this agreement and to send to Your 
Excellency this note in reply to yours. 

I avail myself of this opportunity to renew to Your Excellency, the assur- 
ances of my highest consideration. 

J. C. Ariza 
E. E. and Minister Plenipotentiary 

Honorable Charles E. Hughes, 

Secretary of State of the United States. 



259-333—71 10 



COLLECTION AND APPLICATION 
OF CUSTOMS REVENUES 

Convention signed at Washington December 27, 1924 
Senate advice and consent to ratification January 21, 1925 
Ratified by the President of the United States January 26, 1925 
Ratified by the Dominican Republic August 17, 1925 
Ratifications exchanged at Washington October 24, 1925 
Entered into force October 24, 1925 

Proclaimed by the President of the United States October 26, 1925 
Terminated March 10, 1941, by convention of September 24, 1940 x 

44 Stat. 2162; Treaty Series 726 

Whereas a convention between the United States of America and the 
Dominican Republic providing for the assistance of the United States in the 
collection and application of the customs revenues of the Dominican Re- 
public, was concluded and signed by their respective Plenipotentiaries at the 
City of Santo Domingo, on the eighth day of February, one thousand nine 
hundred and seven, 2 and 

Whereas that convention was entered into to enable the Dominican 
Government to carry out a plan of settlement for the adjustment of debts 
and claims against the Government ; and 

Whereas, in accordance with that plan of settlement, the Dominican 
Republic issued in 1908, bonds to the amount of $20,000,000, bearing 5 per 
cent interest, payable in 50 years and redeemable after 10 years at 102 J/2, 
and requiring payment of at least 1 per cent per annum for amortization; 
and 

Whereas additional obligations have been incurred by the Dominican 
Government in the form of the issuance, in 1918, of bonds to the amount 
of $5,000,000, bearing 5 per cent interest, payable in 20 years, and redeem- 
able at par on each interest date as the amount of amortization fund available 
on such interest dates will permit, and requiring payment of at least 5 per 



1 TS 965, post, p. 224. In accordance with terms of art. IX of convention of Sept. 24, 
1940, arts. I, II, and V continued in force until Mar. 31, 1941; see exchange of notes, 
post, p. 238. 

2 TS 465, ante, p. 196. 

220 



CUSTOMS REVENUES— DECEMBER 27, 1924 221 

cent per annum for amortization ; and in the form of the issuance of bonds, 
in 1922, to the amount of $10,000,000, bearing 5/2 per cent interest, payable 
in 20 years, and redeemable after 8 years at 101. and requiring payment 
after such period of at least $563,916.67 per annum for amortization; and 

Whereas certain of the terms of the contracts under which these bonds 
have been issued have proven by experience unduly onerous to the Dominican 
Republic and have compelled it to devote a larger portion of the customs 
revenues to provide the interest and sinking fund charges pledged to the 
service of such bonds than is deemed advisable or necessary ; and 

Whereas it is the desire of the Dominican Government and appears to 
be to the best interest of the Dominican Republic to issue bonds to a total 
amount of $25,000,000, in order to provide for the refunding on terms more 
advantageous to the Republic of its obligations represented by the bonds of 
the three issues above mentioned still outstanding and for a balance remaining 
after such operation is concluded to be devoted to permanent public im- 
provements and to other projects designed to further the economic and in- 
dustrial development of the country; and 

Whereas the whole of this plan is conditioned and dependent upon the 
assistance of the United States in the collection of customs revenues of the 
Dominican Republic and the application thereof so far as necessary to the 
interest upon and the amortization and redemption of said bonds, and the 
Dominican Republic has requested the United States to give and the United 
States is willing to give such assistance : 

The United States of America, represented by Charles Evans Hughes, 
Secretary of State of the United States of America; and the Dominican 
Republic, represented by Seiior Jose del Carmen Ariza, Envoy Extraordinary 
and Minister Plenipotentiary of the Dominican Republic in Washington, 
have agreed : 

Article I 

That the President of the United States shall appoint a General Receiver 
of Dominican Customs, who, with such Assistant Receivers and other employ- 
ees of the Receivership as shall be appointed by the President of the United 
States in his discretion, shall collect all the customs duties accruing at the 
several customs houses of the Dominican Republic until the payment or retire- 
ment of any and all bonds issued by the Dominican Government in ac- 
cordance with the plan and under the limitations as to terms and amounts 
hereinbefore recited; and said General Receiver shall apply the sums so 
collected, as follows : 

First, to paying the expenses of the receivership; second, to the payment of 
interest upon all bonds outstanding; third, to the payment of the annual 
sums provided for amortization of said bonds including interest upon all 
bonds held in sinking fund; fourth, to the purchase and cancellation or the 
retirement and cancellation pursuant to the terms thereof of any of said 



222 DOMINICAN REPUBLIC 

bonds as may be directed by the Dominican Government ; fifth, the remainder 
to be paid to the Dominican Government. 

The method of distributing the current collections of revenue in order 
to accomplish the application thereof as hereinbefore provided shall be as 
follows : 

The expenses of the receivership shall be paid by the Receiver as they arise. 
The allowances to the General Receiver and his assistants for the expenses of 
collecting the revenues shall not exceed five per cent unless by agreement 
between the two Governments. 

On the first day of each calendar month shall be paid over by the Receiver 
to the Fiscal Agent of the loan a sum equal to one twelfth of the annual 
interest of all the bonds issued and of the annual sums provided for amorti- 
zation of said bonds and the remaining collection of the last preceding month 
shall be paid over to the Dominican Government, or applied to the sinking 
fund for the purchase or redemption of bonds or for other purposes as the 
Dominican Government shall direct. 

Provided, that in case the customs revenues collected by the General 
Receiver shall in any year exceed the sum of $4,000,000, 1 per cent of the 
surplus above such sum of $4,000,000 shall be applied to the sinking fund 
for the redemption of bonds. 

Article II 

The Dominican Government will provide by law for the payment of all 
customs duties to the General Receiver and his assistants, and will give to 
them all needful aid and assistance and full protection to the extent of its 
powers. The Government of the United States will give to the General 
Receiver and his assistants such protection as it may find to be requisite for 
the performance of their duties. 

Article III 

Until the Dominican Republic has paid the whole amount of the bonds 
of the debt, its public debt shall not be increased except by previous agree- 
ment between the Dominican Government and the United States. 

Article IV 

The Dominican Government agrees that the import duties will at no time 
be modified to such an extent that, on the basis of exportations and importa- 
tions to the like amount and the like character during the two years preced- 
ing that in which it is desired to make such modification, the total net customs 
receipts would not at such altered rates have amounted for each of such two 
years to at least 1 1 / 2 times the amount necessary to provide for the interest 
and sinking fund charges upon its public debt. 



CUSTOMS REVENUES— DECEMBER 27, 1924 223 

Article V 

The accounts of the General Receiver shall be rendered monthly to the 
Ministry of Finance and Commerce of the Dominican Republic and to the 
State Department of the United States and shall be subject to examination 
and verification by the appropriate officers of the Dominican and the United 
States Governments. 

Article VI 

The determination of any controversy which may arise between the Con- 
tracting Parties in the carrying out of the provisions of this Convention shall, 
should the two Governments be unable to come to an agreement through 
diplomatic channels, be by arbitration. In the carrying out of this agreement 
in each individual case, the Contracting Parties, once the necessity of arbi- 
tration is determined, shall conclude a special agreement defining clearly 
the scope of the dispute, the scope of the powers of the arbitrators, and the 
periods to be fixed for the formation of the arbitral tribunal and the several 
stages of the procedure. The special agreement providing for arbitration 
shall, in all cases, be signed within a period of three months from the date 
upon which either one of the Contracting Parties shall notify the other 
Contracting Party of its desire to resort to arbitration. It is understood that 
on the part of the United States, such special agreements will be made by 
the President of the United States by and with the advice and consent of 
the Senate thereto, and on the part of the Dominican Republic, shall be 
subject to the procedure required by the Constitution and laws thereof. 

Article VII 

This agreement shall take effect after its approval by the Contracting 
Parties in accordance with their respective Constitutional methods. Upon 
the exchange of ratifications of this convention, which shall take place at 
Washington as soon as possible, the Convention between the United States 
of America and the Dominican Republic providing for the assistance of the 
United States in the collection and application of the customs revenues, 
concluded and signed at the City of Santo Domingo on the 8th day of 
February, 1907, shall be deemed to be abrogated. 

Done in duplicate in the English and Spanish languages at the City of 
Washington this 27th day of December, nineteen hundred and twenty-four. 

Charles Evans Hughes [seal] 
J. C. Ariza [seal] 



COLLECTION AND APPLICATION 
OF CUSTOMS REVENUES 

Convention signed at Washington September 24, 1940; exchanges of 
notes at Washington September 24, 1940, and March 10 and 31, 
1941 
Ratified by the Dominican Republic October 31 , 1940 
Senate advice and consent to ratification February 14, 1941 
Ratified by the President of the United States March 8, 1941 
Ratifications exchanged at Washington March 10, 1941 
Entered into force March 10, 1941 

Proclaimed by the President of the United States March 17, 1941 
Terminated October 1, 1947 , upon fulfillment of its terms 1 

55 Stat. 1104; Treaty Series 965 

Convention 

Whereas at the City of Washington, D.C. on the twenty-seventh day of 
December of 1924 a Convention was concluded and signed 2 between the 
Plenipotentiaries of the United States of America and the Dominican 
Republic, providing for the assistance of the United States of America in 
the collection and application of the customs revenues of the Dominican 
Republic; and 

Whereas the Government of the United States of America and the Gov- 
ernment of the Dominican Republic have performed their obligations under 
the said Convention of 1924 in a manner satisfactory to both parties; and 

Whereas the Government of the United States of America and the Gov- 
ernment of the Dominican Republic are both desirous of modifying the said 
Convention to the advantage of both parties and at the same time of safe- 
guarding the rights of the holders of the bonds of the issues of 1922 and 1926; 

The President of the United States of America, represented by Cordell 
Hull, Secretary of State of the United States of America, and 

The President of the Dominican Republic, represented by Generalissimo 
Rafael Leonidas Trujillo Molina, Benefactor of the Country, Ambassador 
Extraordinary on Special Mission, 



^ee exchange of notes at Washington Aug. 9, 1951 (106 UNTS 342; TIAS 2365). 
2 TS 726, ante, p. 220. 



224 



CUSTOMS REVENUES— SEPTEMBER 24, 1940-MARCH 31, 1941 225 

Who, having communicated to each other their respective full powers, 
found to be in good and due form, have agreed upon the following Articles : 

Article I 

The Government of the Dominican Republic shall collect through its 
appropriate national officials the customs revenues of the Dominican 
Republic and all revenues pertaining to the customs duties. The General 
Receivership of the Dominican Customs provided for in the Convention of 
December 27, 1924, shall cease to operate on the day on which the Domini- 
can Government undertakes the collection of customs revenues. 

All property and funds of the General Receivership shall be turned over on 
that day to the Government of the Dominican Republic. 

No claim shall be advanced by either Government against the other on 
account of any act of the General Receivership. 

Article II 

The Government of the United States of America and the Government of 
the Dominican Republic, in common accord, shall designate a Bank, with 
establishment in the Dominican Republic, as sole depository of all revenues 
and public funds of whatsoever nature of the Dominican Government. They 
likewise shall designate, by common accord, an official who shall act in the 
said Bank as representative of the holders of the bonds of the external debt 
of 1922 and 1926, in all matters that concern the service of the said external 
debt. If at any time the Bank so designated ceases for any reason to function 
in this capacity or if either Government shall deem a change advisable, a suc- 
cessor shall be designated under the procedure stipulated above. If the repre- 
sentative of the holders of the bonds of the external debt of 1922 and 1926 
shall, for any reason, be unable to continue in that capacity, or if either Gov- 
ernment shall deem a change advisable, his successor shall be designated in 
accordance with the same procedure established for the original designation. 
In the event that it should become necessary to designate a successor to either 
the Bank or the official representing the holders of the bonds of the external 
debt of 1922 and 1926, and in the further event that the two Governments 
should be unable to reach mutual accord on such designation within a period 
of three months, the Foreign Bondholders Protective Council, Incorporated, 
shall be requested to nominate said successor, and in the event of its failure 
to make such nomination the President or a Vice President of the American 
Bankers Association, or his duly authorized representative, shall be requested 
to make the nomination; provided, however, that neither a Bank nor a person 
previously rejected by either Government may be so nominated. In the event 
that a Bank or person is nominated in accordance with this procedure, the 
two Governments shall designate such nominee. 



226 DOMINICAN REPUBLIC 

The official representing the holders of the bonds of the external debt of 
1922 and 1926 shall, with the approval of the two Governments, designate a 
deputy to serve in his stead in the event of his temporary absence or incapacity. 

Article III 

During the first ten days of each calendar month the representative of the 
holders of the bonds of the external debt of 1922 and 1926 or his deputy 
shall receive, by endorsement and orders of payment which shall be issued to 
the Depositor)' Bank by the Dominican Government through the intermediary 
of the Secretary of State for Treasury and Commerce, the sum necessary to 
cover monthly payments as follows : 

( 1 ) the payment of one-twelfth of the annual interest charges of all of 
the outstanding bonds of the external debt of 1922 and 1926; 

( 2 ) the payment of one-twelfth of the annual amounts designated for the 
amortization of the said bonds, including the interest of all the bonds which 
are or may be retained in the sinking fund. The said amortization shall be 
computed and effected in accordance with the loan contracts as modified by 
the agreement between the Dominican Republic and the Foreign Bondhold- 
ers Protective Council, Incorporated, concluded on August 16, 1934, and by 
the provisions of Article V of the present Convention ; 

( 3 ) the payment of one-twelfth of the annual cost of the services rendered 
by the representative of the holders of the bonds of the external debt of 1922 
and 1926, or his deputy, who shall receive salaries which are the subject of an 
exchange of notes attached hereto, which shall be given full force and effect 
as integral parts of this Convention, and a reasonable amount for expenses 
incurred in the performance of their duties, and the payment of one-twelfth 
of the annual amount agreed upon between the Dominican Government and 
the Depository Bank as the compensation for the services of the said Bank. 

No disbursements of funds of the Dominican Government shall be made 
by the Depository Bank until the payments provided for in this Article shall 
have been made. 

The sums received by the above-mentioned representative for the service 
of the bonds shall be immediately transmitted by him to the Fiscal Agent or 
Agents of the loans. 

Article IV 

The Government of the Dominican Republic declares that the interest and 
amortization service of the bonds of the external debt of 1922 and 1926 as 
well as the payments stipulated in the third numbered paragraph of Article 
III of the present Convention, constitute an irrevocable first lien upon all of its 
revenues of whatsoever nature. 



CUSTOMS REVENUES— SEPTEMBER 24, 1940-MARCH 31, 1941 227 

Article V 

In case the total collections from all the revenues of whatsoever nature of 
the Dominican Government should in any calendar year exceed twelve mil- 
lion five hundred thousand dollars ($12,500,000) there shall be applied to 
the sinking fund for the redemption of bonds of the external debt of 1922 and 
1926 which may be outstanding, ten percent (10%) of the excess above 
twelve million five hundred thousand dollars ($12,500,000) but less than 
thirteen million five hundred thousand dollars ($13,500,000), and in addi- 
tion five percent (5%) of all sums exceeding thirteen million five hundred 
thousand dollars ($13,500,000). 

Article VI 

The representative of the holders of the bonds of the external debt of 1922 
and 1926 shall have complete access to all records and books of the Depository 
Bank relating to the public revenues. 

The Secretary of State for Treasury and Commerce of the Dominican 
Government shall supply monthly to the representative of the holders of the 
bonds of the loans of 1922 and 1926 complete and detailed reports, duly 
certified, of all the revenues and disbursements and other fiscal operations 
of the Dominican Government. 

Article VII 

The system of deposit of all revenues of the Dominican Republic shall be 
carried out in accordance with the Dominican laws of accounting and of the 
Treasury now governing such matters, and these laws as well as the powers 
conferred by this Convention upon the representative of the holders of the 
bonds of the loans of 1922 and 1926, shall not be modified by the Dominican 
Government during the life of this Convention without the previous consent 
of both Governments. 

Article VIII 

Any controversy which may arise between the Government of the United 
States of America and the Government of the Dominican Republic in rela- 
tion to the execution of the provisions of the present Convention shall, if 
possible, be settled through diplomatic channels. Upon notification by either 
the Government of the United States of America or the Government of the 
Dominican Republic that, in its opinion, possibilities of settlement by this 
means have been exhausted, such controversies shall be settled in accordance 
with the procedure stipulated in the Inter-American Arbitration Conven- 
tion signed at Washington, January 5, 1929, 3 notwithstanding the provisions 
of Article 2 (a) thereof. 



TS 886, ante, vol. 2, p. 737. 



228 DOMINICAN REPUBLIC 

Article IX 

The Convention signed by the United States of America and the Domini- 
can Republic on December 27, 1924, shall cease to have effect, and the 
present Convention shall enter into force upon the exchange of ratifications 
which shall take place in the City of Washington within thirty days following 
ratification by the Government which ratifies the later in point of time; 
provided, however, that Articles I, II and V of the said Convention of De- 
cember 27, 1924 shall continue in full force and effect until the two Govern- 
ments agree that there have been adopted and put into operation all the 
measures necessary for the execution of the present Convention. 

The present Convention shall continue in full force and effect during the 
existence of the outstanding external bonds of 1922 and 1926. After the 
redemption or cancellation of the said bonds, the provisions of this Conven- 
tion shall automatically cease to have effect. 

In witness whereof the respective Plenipotentiaries have signed the 
present Convention in duplicate in the English and Spanish languages, both 
texts being equally authoritative, and have hereunto affixed their seals. 

Done in the City of Washington this twenty-fourth day of September, 1 940. 

Cordell Hull [seal] 

Rafael L. Trujillo [seal] 

Exchanges of Notes 

The Dominican Ambassador Extraordinary on Special Mission 
to the Secretary of State 

[translation] 

Legation of the Dominican Republic 

Washington 
September 24, 1940 

Mr. Secretary : 

I have the honor, on instructions of my Government, to refer to the agree- 
ment between the Dominican Republic and the United States of America, 
signed today, and to confirm the understanding reached by our two Govern- 
ments with respect to the salary of the Representative, in the following terms: 

The Dominican Government undertakes to pay to the representative of the 
holders of the bonds of the external debt of 1922 and 1926, a salary not to 
exceed ten thousand dollars ($10,000) per annum, payable monthly. In 
the temporary absence, leave, or incapacity of the representative his salary 
will continue; provided, however, that his leave of absence may not exceed 
sixty (60) days with pay in each calendar year plus the number of days 



CUSTOMS REVENUES— SEPTEMBER 24, 1940-MARCH 31, 1941 229 

necessary to travel to and from his home. During the temporary absence or 
incapacity of the representative the Dominican Government will pay to his 
deputy a salary at a rate not to exceed five thousand dollars ($5,000) per 
annum, payable monthly. 

The Dominican Government will pay a sum not to exceed five thousand 
dollars ($5,000) annually to defray the necessary expenditures of the repre- 
sentative and his deputy for transportation, the operation of an office, cost of 
bonding, and other similar expenditures incurred in performing their official 
duties. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ance of my highest consideration. 

Rafael L. Trujillo 

Ambassador Extraordinary on Special Mission 

His Excellency 

Cordell Hull, 

Secretary of State, 

Washington, D.C. 



The Secretary of State to the Dominican Ambassador Extraordinary 

on Special Mission 

Department of State 

Washington 
September 24, 1940 
Excellency : 

I have the honor to acknowledge the receipt of your note of today's date 
relating to the agreement arrived at by our two Governments concerning the 
salaries for the representative of the holders of the bonds of the external debt 
of 1922 and 1926 and his deputy, in which you confirm your Government's 
understanding of the agreement in the following terms : 

[For terms of agreement, see Dominican note, above.] 

Your statement of the agreement represents my understanding of the ar- 
rangement and is satisfactory to the Government of the United States of 
America. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Cordell Hull 

His Excellency 

Dr. Rafael L. Trujillo, 

Ambassador Extraordinary of the 

Dominican Republic on Special Mission. 



230 DOMINICAN REPUBLIC 

The Dominican Ambassador Extraordinary on Special Mission 
to the Secretary of State 

[translation] 

Legation of the Dominican Republic 

Washington 
September 24, 1940 
Mr. Secretary: 

I have the honor, on instructions of my Government, to refer to the con- 
vention between the Dominican Republic and the United States of America, 
signed today, and to confirm to you the understanding reached by our two 
Governments with respect to certain claims, in the following terms : 

The Dominican Government desires to seize this propitious moment to 
settle a further matter outstanding between the two Governments, thus re- 
inforcing the harmonious relations already existing between our two countries. 

The Dominican Republic will include in its next annual budget and in en- 
suing budgets as long as may be necessary, an annual appropriation of one 
hundred and twenty-five thousand dollars ($125,000) which shall be paid 
out each year exclusively to the liquidation of bona fide claims by nationals 
of the United States of America against the Government of the Dominican 
Republic. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ance of my highest consideration. 

Rafael L. Trujillo 
Ambassador Extraordinary on Special Mission 

His Excellency 

Cordell Hull, 

Secretary of State, 

Washington, D.C. 



The Secretary of State to the Dominican Ambassador Extraordinary 

on Special Mission 

Department of State 

Washington 
September 24, 1940 

Excellency: 

I have the honor to acknowledge the receipt of your note of today's date 
relating to the agreement arrived at by our two Governments in relation to 
the policy of the Dominican Government concerning the liquidation of its 
unfunded indebtedness to nationals of the United States of America in which 



CUSTOMS REVENUES— SEPTEMBER 24, 1940-MARCH 31, 1941 231 

you confirm your Government's understanding of the agreement in the fol- 
lowing terms: 

[For terms of agreement, see Dominican note, above.] 

Your statement of the agreement represents my understanding of the ar- 
rangement and is satisfactory to the Government of the United States of 
America. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Cordell Hull 

His Excellency 

Dr. Rafael L. Trujillo, 

Ambassador Extraordinary of the 

Dominican Republic on Special Mission. 



The Doyninican Ambassador Extraordinary on Special Mission 
to the Secretary of State 

[translation] 

Legation of the Dominican Republic 

Washington 
September 24, 1940 

Mr. Secretary: 

I have the honor, on instructions of my Government, to refer to the con- 
vention between the Dominican Republic and the United States of America, 
signed today, and to confirm to you the understanding reached by our two 
Governments with regard to pensions, in the following terms : 

In recognition of the long and faithful services of Messrs. W. E. Pulliam 
and N. L. Orme, performed in connection with their duties as officials of the 
General Receivership of Customs, and who have, since their retirement, been 
receiving pensions of two hundred dollars ($200.00) per month, the Do- 
minican Government agrees to pay to Messrs. Pulliam and Orme pensions of 
that amount during their lifetimes. 

The Dominican Government will initiate and insure the passage of legis- 
lation making the necessary provisions for these payments on the date on 
which the convention signed today becomes effective. 

During the first ten days of each calendar month thereafter the Dominican 
Government undertakes to notify the Depository Bank of the Dominican 
Government of the payment of the above-mentioned pensions. A copy of this 
note, after it has been duly authenticated and when it shall have been received 
by the Depository Bank of the Dominican Government, shall constitute the 
Bank's authority for withholding any disbursement of the Government until 
notice of the said payment of the above-mentioned pensions has been received. 



232 DOMINICAN REPUBLIC 

The Dominican Government formally agrees that the undertaking herein 
expressed has the same force and validity as the convention signed today. 

I avail myself of this opportunity to renew to Your Excellency the assurance 
of my highest consideration. 

Rafael L. Trujillo 
Ambassador Extraordinary on Special Mission 
His Excellency 

Cordell Hull, 

Secretary of State, 

Washington, D.C. 



The Secretary of State to the Dominican Ambassador Extraordinary 

on Special Mission 

Department of State 

Washington 
September 24, 1940 
Excellency: 

I have the honor to acknowledge the receipt of your note of today's date, 
relating to the agreement arrived at by our two Governments concerning pen- 
sions to certain individuals, in which you confirm your Government's under- 
standing of the agreement in the following terms : 

[For terms of agreement, see Dominican note, above.] 

Your statement of the agreement represents my understanding of the 
arrangement and is satisfactory to the Government of the United States 
of America. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Cordell Hull 
His Excellency 

Dr. Rafael L. Trujillo, 

Ambassador Extraordinary of the 

Dominican Republic on Special Mission. 



The Dominican Ambassador Extraordinary on Special Mission 
to the Secretary of State 

[translation] 

Legation of the Dominican Republic 

Washington 
September 24, 1940 
Mr. Secretary: 

I have the honor, on instructions of my Government, to refer to the con- 
vention between the Dominican Republic and the United States of America, 



CUSTOMS REVENUES— SEPTEMBER 24, 1940-MARCH 31, 1941 233 

signed today, and to confirm to you the understanding reached by our two 
Governments with regard to interpretations, in the following terms: 

The term "all revenues and public funds of whatsoever nature of the 
Dominican Government" employed in the Convention signed by us today 
to replace the Convention of December 27, 1924, embraces the deposit and 
pledge of any and all income and receipts of the Dominican Government, 
from whatsoever source derived, whether known as taxes, duties, excises, 
fees, contributions to the State, fines, imposts, charges, levies or any other 
kind of similar income, receipts, or funds which belong to and are under the 
control of the Government of the Dominican Republic. It is understood that 
the term does not include funds under the control of the Dominican Gov- 
ernment which under existing law are collected for, belong to, and are 
distributed among the municipalities, which are autonomous under the 
constitution of the State. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ance of my highest consideration. 

Rafael L. Trujillo 

Ambassador Extraordinary on Special Mission 

His Excellency 

Cordell Hull, 

Secretary of State, 

Washington, D.C. 



The Secretary of State to the Dominican Ambassador Extraordinary 

on Special Mission 

Department of State 

Washington 
September 24, 1940 

Excellency: 

I have the honor to acknowledge the receipt of your note of today's date 
relating to the agreement arrived at by our two Governments concerning 
the term "all revenues and public funds of whatsoever nature of the Domin- 
ican Republic" employed in Article II of the convention signed by us today, 
in which you confirm your Government's understanding of the agreement in 
the following terms : 

[For terms of agreement, see Dominican note, above.] 
Your statement of the agreement represents my understanding of the 



234 DOMINICAN REPUBLIC 

arrangement and is satisfactory to the Government of the United States of 
America. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Cordell Hull 

His Excellency 

Dr. Rafael L. Trujillo, 

Ambassador Extraordinary of the 

Dominican Republic on Special Mission. 



The Dominican Ambassador Extraordinary on Special Mission 
to the Secretary of State 

[translation] 

Legation of the Dominican Republic 

Washington 
March 10, 1941 

Mr. Secretary: 

I have the honor, on instructions from my Government, to refer to the 
convention between the Dominican Republic and the United States of 
America, the ratifications of which we exchanged today, and particularly 
to the following sentence of article II which provides that : 

"They (the Government of the Dominican Republic and the Government 
of the United States of America) likewise shall designate, by common accord, 
an official who shall act in the said Bank as representative of the holders of 
the bonds of the external debt of 1922 and 1926, in all matters that concern 
the service of the said external debt." 

The Government of the Dominican Republic proposes accordingly that, 
by mutual accord between our two Governments and for the purposes stipu- 
lated in the convention, Mr. Oliver P. Newman be designated as the repre- 
sentative of the holders of the bonds of the external debt of 1922 and 1926. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ance of my highest consideration. 

Rafael L. Trujillo 
Ambassador Extraordinary and 
Plenipotentiary on Special Mission 

His Excellency 

Cordell Hull, 

Secretary of State, 

Washington, D.C. 



CUSTOMS REVENUES— SEPTEMBER 24, 1940-MARCH 31, 1941 235 

The Secretary of State to the Dominican Ambassador Extraordinary 

on Special Mission 

Department of State 

Washington 
March 10, 1941 

Excellency : 

I have the honor to acknowledge the receipt of your note of today's date, 
reading as follows : 

[For text of Dominican note, see above.] 

In reply I have the honor to state that the proposal of the Dominican 
Government is agreeable to the Government of the United States, namely, 
that Mr. Oliver P. Newman be designated as the representative of the holders 
of the bonds of the external debt of 1922 and 1926. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Cordell Hull 

His Excellency 

Dr. Rafael L. Trujillo, 

Ambassador Extraordinary of the 

Dominica?i Republic on Special Mission. 



The Dominican Ambassador Extraordinary on Special Mission 
to the Secretary of State 

[translation] 

Legation of the Dominican Republic 

Washington 
March 10, 1941 
Mr. Secretary: 

I have the honor, on instructions of my Government, to refer to the notes 
which we exchanged in this Capital on September 24, 1940 with regard to 
the salary of the official who is to act in the Depository Bank of the Domini- 
can Government as representative of the holders of the bonds of the external 
debt of 1922 and 1926. 

In this connection, I have the honor to inform Your Excellency that the 
Government of the Dominican Republic proposes to pay to that representa- 
tive a salary of ten thousand dollars ($10,000) per annum, payable monthly. 



236 DOMINICAN REPUBLIC 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ance of my highest consideration. 

Rafael L. Trujillo 
Ambassador Extraordinary and 
Plenipotentiary on Special Missio7i 

His Excellency 

Cordell Hull, 

Secretary of State, 

Washington, D.C. 



The Secretary of State to the Dominican Ambassador Extraordinary 

on Special Mission 

Department of State 

Washington 
March 10, 1941 
Excellency: 

I have the honor to acknowledge the receipt of your note of today's date, 
reading as follows : 

[For text of Dominican note, see above.] 

In reply, I have the honor to state that the proposal of the Dominican 
Government is agreeable to the Government of the United States, namely, 
that the Dominican Government will pay the official who is to act as the 
representative of the bonds of the external debt of 1922 and 1926 a salary 
of ten thousand dollars ($10,000) per annum, payable monthly. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Cordell Hull 
His Excellency 

Dr. Rafael L. Trujillo, 

Ambassador Extraordinary of the 

Dominican Republic on Special Mission. 



The Dominican Ambassador Extraordinary on Special Mission 
to the Secretary of State 

[translation] 

Legation of the Dominican Republic 

Washington 
March 10, 1941 
Mr. Secretary: 

I have the honor, on instructions of my Government, to refer to the con- 
vention between the Dominican Republic and the United States of America, 



CUSTOMS REVENUES— SEPTEMBER 24, 1940-MARCH 31, 1941 237 

the ratifications of which we exchanged today, and particularly to the 
following sentence of article II which provides that : 

"The Government of the Dominican Republic and the Government of the 
United States of America, in common accord, shall designate a Bank, 
with establishment in the Dominican Republic, as sole depository of 
all revenues and public funds of whatsover nature of the Dominican 
Government." 

The Government of the Dominican Republic proposes accordingly that, 
by mutual accord between our two Governments and for the purposes stipu- 
lated in the convention, the branch of the National City Bank of New 
York established in Ciudad Trujillo, Dominican Republic, be designated 
as the Depository Bank. 

I avail myself of this opportunity to renew to Your Excellency the assurance 
of my highest consideration. 

Rafael L. Trujillo 

Ambassador Extraordinary and 
Plenipotentiary on Special Mission 

His Excellency 

Cordell Hull, 

Secretary of State, 

Washington, D.C. 



The Secretary of State to the Dominican Ambassador Extraordinary 

on Special Mission 

Department of State 

Washington 
March 10, 1941 
Excellency: 

I have the honor to acknowledge the receipt of your note of today's date, 
reading as follows : 

[For text of Dominican note, see above.] 

In reply I have the honor to state that the proposal of the Dominican 
Government is agreeable to the Government of the United States, namely, 
that the branch of the National City Bank of New York established in Ciudad 
Trujillo, Dominican Republic, be designated as the Depository Bank for 
the purposes stipulated in the Convention, the ratifications of which were 
exchanged today. 



238 DOMINICAN REPUBLIC 

Accept, Excellency, the renewed assurances of my highest consideration. 

Cordell Hull 

His Excellency 

Dr. Rafael L. Tru jillo, 

Ambassador Extraordinary of the 

Dominican Republic on Special Mission. 



The Secretary of State for Foreign Affairs to the American Minister 

[translation] 

DOMINICAN REPUBLIC 
DEPARTMENT OP STATE 
FOR FOREIGN AFFAIRS 

ClUDAD TRUJILLO 

District of Santo Domingo 
445 March 3 1,1941 

Mr. Minister: 

I have the honor to inform Your Excellency that, with reference to the 
provisions of the first paragraph of article IX of the convention between 
the Government of the Dominican Republic and the Government of the 
United States of America signed in the city of Washington, D.C., on Septem- 
ber 24, 1940, and in view of all of the measures adopted through mutual 
agreement between both Governments subsequent to the exchange of ratifi- 
cations of the said convention, the Dominican Government, by means of the 
present note, states that, for its part, it recognizes that all of the measures 
necessary for the execution of the above-mentioned convention of Septem- 
ber 24, 1940 have been adopted and put into operation. 

And that, consequently, beginning with this date the normal and satisfac- 
tory execution of the said convention can be initiated. 

In requesting Your Excellency to advise me of the opinion of your Gov- 
ernment on this matter, I avail myself of the opportunity to renew to Your 
Excellency the assurances of my highest consideration. 



A. Despradel 



His Excellency 

Robert McGregor Scotten, 

E. E. and Minister Plenipotentiary 
of the United States of America. 



CUSTOMS REVENUES— SEPTEMBER 24, 1940-MARCH 31, 1941 239 
The American Minister to the Secretary of State for Foreign Affairs 
No. 43 Ciudad Trujillo, D.R., March 31, 1941 

Excellency: 

I have the honor to acknowledge the receipt of your communication No. 
445 of March 31, 1941, in which Your Excellency states that, with reference 
to the provisions of the first paragraph of Article IX of the Convention signed 
in the City of Washington, D.C., between the Government of the United 
States of America and the Government of the Dominican Republic, on Sep- 
tember 24, 1940, and in view of the measures adopted through mutual agree- 
ment between both Governments subsequent to the exchange of ratifications 
of the said Convention, the Dominican Government agrees that all of the 
necessary measures for the execution of the above-mentioned Convention of 
September 24, 1940 have been adopted and put into operation. 

In reply to this communication I have the honor to inform Your Excellency 
that, in view of all of the measures adopted through mutual agreement 
between both Governments subsequent to the exchange of ratifications of 
the aforesaid Convention, the American Government, for its part, agrees 
that all of the measures necessary for the execution of the above-mentioned 
Convention of September 24, 1 940 have been adopted and put into operation. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ances of my highest consideration. 



Robert M. Scotten 



His Excellency 

Arturo Despradel, 

Secretary of State for Foreign Affairs, 
Ciudad Trujillo, D.R. 



LEND-LEASE * 

Agreement signed at Washington August 2, 1941 
Entered into force August 2, 1941 
Supplemented by agreement of August 6, 1941 2 

1941 For. Rel. (VII) 253 

Whereas the United States of America and the Dominican Republic 
declare that in conformity with the principles set forth in the Declaration 
of Lima, approved at the Eighth International Conference of American 
States on December 24, 1938, 3 they, together with all the other American 
republics, are united in the defense of the Americas and are determined 
to secure for themselves and for each other the enjoyment of their own 
fortunes and their own talents; 

And whereas the President of the United States of America has deter- 
mined, pursuant to the Act of the Congress of the United States of America 
of March 11, 1 94 1 , 4 that the defense of each of the American republics is 
vital to the defense of all of them, and for that reason the United States 
of America proposes to provide certain defense articles and defense informa- 
tion to the Dominican Republic ; 

And whereas the United States of America and the Dominican Republic 
are mutually desirous of concluding an agreement for the providing of de- 
fense articles and defense information by either country to the other country, 
and the making of such an agreement has been in all respects duly authorized, 
and all acts, conditions and formalities which it may have been necessary to 
perform, fulfil or execute prior to the making of such an agreement in 
conformity with the laws either of the United States of America or of the 
Dominican Republic have been performed, fulfilled or executed as required ; 

The undersigned, being duly authorized for that purpose, have agreed 
as follows : 

Article I 

The United States of America proposes to transfer to the Dominican 
Republic under the terms of this Agreement armaments and munitions of 



1 Final settlement payment made on Apr. 26, 1949, and reported in 29th Report to Con- 
gress on Lend-Lease Operations, p. 1. 
'Post, p. 243. 
"Ante, vol. 3, p. 534. 
4 55 Stat. 31. 

240 



LEND-LEASE— AUGUST 2, 1941 241 

war to a total value of about $1,600,000. The United States of America 
proposes to begin deliveries immediately and to continue deliveries as 
expeditiously as practicable during the coming twelve months to an approxi- 
mate total value of $250,000 for use by the Dominican Army and an 
approximate total value of $ 1 00,000 for use by the Dominican Navy. 

The United States of America, however, reserves the right at any time to 
suspend, defer, or stop deliveries whenever in the opinion of the President 
of the United States of America further deliveries are not consistent with the 
needs of the defense of the United States of America or the Western 
Hemisphere. 

Article II 

Records shall be kept of all defense articles transferred under this agree- 
ment, and not less than every ninety days schedules of such defense articles 
shall be exchanged and reviewed. 

Thereupon the Dominican Republic shall pay in dollars into the Treasury 
of the United States of America the total cost to the United States of America 
of the defense articles theretofore delivered up to a total of $900,000, less all 
payments theretofore made, and the Dominican Republic shall not be re- 
quired to pay more than a total of $150,000 before July 1, 1942, more than 
a total of $300,000 before July 1, 1943, more than a total of $450,000 before 
July 1, 1944, more than a total of $600,000 before July 1, 1945, more than 
a total of $750,000 before July 1, 1946, or more than a total of $900,000 
before July 1, 1947. 

Article III 

The United States of America and the Dominican Republic, recognizing 
that the measures herein provided for their common defense and united 
resistance to aggression are taken for the further purpose of laying the bases 
for a just and enduring peace, agree, since such measures cannot be effective 
or such a peace flourish under the burden of an excessive debt, that upon the 
payments above provided all fiscal obligations of the Dominican Republic 
hereunder shall be discharged; and for the same purpose they further agree, 
in conformity with the principles and program set forth in Resolution XXV 
on Economic and Financial Cooperation of the Second Meeting of the 
Ministers of Foreign Affairs of the American Republics at Habana, July 
1940, 5 to cooperate with each other and with other nations to negotiate fair 
and equitable commodity agreements with respect to the products of either 
of them and of other nations in which marketing problems exist, and to 
cooperate with each other and with other nations to relieve the distress and 
want caused by the war wherever, and as soon as, such relief will be succor 
to the oppressed and will not aid the aggressor. 



For text, see Department of State Bulletin, Aug. 24, 1940, p. 141. 



242 DOMINICAN REPUBLIC 

Article IV 

The Dominican Republic undertakes that it will not, without the consent 
of the President of the United States of America, transfer title to or possession 
of any defense article or defense information received under this agreement, 
or permit its use by anyone not an officer, employee, or agent of the 
Dominican Republic. 

Article V 

If, as a result of the transfer to the Dominican Republic of any defense 
article or defense information, it is necessary for the Dominican Republic 
to take any action or make any payment in order fully to protect any of the 
rights of any citizen of the United States of America who has patent rights in 
and to any such defense article or information, the Dominican Republic will 
do so, when so requested by the President of the United States of America. 

Article VI 

Should circumstances arise in which the United States of America in its 
own defense or in the defense of the Americas shall require defense articles 
or defense information which the Dominican Republic is in a position to 
supply, the Dominican Republic will make such defense articles and defense 
information available to the United States of America on terms similar to 
those expressed in this agreement. 

Article VII 

This Agreement shall continue in force from the date on which it is signed 
until a date agreed upon between the two Governments. 

Signed and sealed at Washington in duplicate, in the English and Spanish 
languages, this second day of August, 1941. 

On Behalf of the United States of America: 
Sumner Welles 
Acting Secretary of State 
of the United States of America 

On Behalf of the Dominican Republic: 
A. Pastoriza 

Envoy Extraordinary and Minister Plenipotentiary 
of the Dominican Republic at Washington 



LEND-LEASE x 

Agreement signed at Washington August 6, 1941, supplementing agree- 
ment of August 2, 1941 
Entered into force August 6, 1941 

1941 For. Rel. (VII) 256 

Whereas the United States of America and the Dominican Republic are 
desirous of concluding an Agreement supplementary to the Agreement 
between the two Governments signed at Washington August 2, 1941, 2 for 
the purpose of stating the terms and conditions on which certain additional 
materials which the Dominican Republic wishes to obtain from the United 
States of America shall be procured and supplied; 

And whereas the making of such a supplementary Agreement has been 
in all respects duly authorized, and all acts, conditions and formalities which 
it may have been necessary to perform, fulfil or execute prior to the making 
of such an Agreement in conformity with the laws either of the United States 
of America or of the Dominican Republic have been performed, fulfilled or 
executed as required ; 

The undersigned, being duly authorized for that purpose, have agreed as 
follows : 

Article I 

The Dominican Republic will pay in advance for all articles and com- 
modities, in addition to the defense articles and defense information provided 
for in the Agreement between the two Governments signed August 2, 1941, 
which shall be procured and supplied in accordance with this Agreement. 
The United States of America, however, reserves the right at any time to 
suspend, defer, or stop deliveries whenever in the opinion of the President 
of the United States of America further deliveries are not consistent with the 
needs of the defense of the United States of America or the Western 
Hemisphere. 

Records shall be kept of all such articles and commodities agreed to be 
procured and of all deliveries, and of any other pertinent information; and 
not less than every ninety days these records shall be exchanged, reviewed, 
and verified. 



1 Final settlement payment made on Apr. 26, 1949, and reported in 29th Report to 
Congress on Lend-Lease Operations, p. 1 . 
3 Ante, p. 240. 

243 

259-333—71 17 



244 DOMINICAN REPUBLIC 

Article II 

The Dominican Republic will submit to the Department of State of the 
United States of America for the approval of the President of the United 
States of America a complete list of all the persons to whom the title, posses- 
sion, or use of such articles or commodities is to be transferred and under- 
takes that it will not, without the prior consent of the President of the United 
States of America, transfer title to or possession of any such article or com- 
modity or any part thereof or permit its use by anyone not the recipient 
designated on such list so approved. 

Article III 

If, as a result of the sale to the Dominican Republic of any articles or 
commodities in accordance with this Agreement, it is necessary for the 
Dominican Republic to take any action or make any payment in order fully 
to protect any of the rights of any citizen of the United States of America 
who has patent rights in and to any such article or commodity, the Dominican 
Republic will do so, when so requested by the President of the United States 
of America. 

Article IV 

This Agreement shall continue in force from the date on which it is signed 
until a date agreed upon between the two Governments. 

Signed and sealed in duplicate, in the English and Spanish languages, at 
Washington this sixth day of August 1941. 

For the United States of America: 

Sumner Welles 

Under Secretary of State 

of the United States of America 

For the Dominican Republic : 

A. Pastoriza 

Envoy Extraordinary and Minister Plenipotentiary 
of the Dominican Republic at Washington 






COMMERCIAL RELATIONS 

Exchange of notes at Ciudad Trujillo November 14, 1942 
Entered into force November 14, 1942 
Terminated March 24, 1944 x 

56 Stat. 1617: Executive Agreement Series 274 



The Secretary of State for Foreign Affairs to the American Minister 

[translation] 

dominican republic 
department of state 
for foreign affairs 

Ciudad Trujillo 
District of Santo Domingo 
21430 November 14, 1942 

Mr. Minister: 

I have the honor to inform Your Excellency that under date of August 26, 
1941 a commercial agreement was signed in the city of Port-au-Prince by 
means of which the Dominican Republic and that of Haiti, in their status of 
contiguous countries, established a special treatment in the commercial re- 
lations existing between the two nations. The exchange of ratifications of this 
commercial agreement was effected in this capital on March 23 of the 
present year. 

This agreement establishes, among other stipulations, the reduction of 
Dominican import customs duties according to a list specifying the products 
which, upon being imported from Haiti, are to be introduced to our country 
with the reductions in the Dominican import tariff provided in that list. 

The Government of the Dominican Republic has always supported the 
multilateral development of international commerce on the basis that nations 
may have access to the said commerce on equal conditions and that they may 
be able to obtain, through such conditions, the raw materials required for 
a satisfactory and prosperous development of their respective economies. 

In this connection I have the honor to refer to the formula of contractual 
tariff preferences between contiguous countries which was recommended 



'Date of termination of Haitian-Dominican commercial treaty of Aug. 26, 1941, as 
amended Mar. 24, 1942. 

245 



246 DOMINICAN REPUBLIC 

by the Inter-American Economic and Financial Advisory Committee. It is 
in conformity with the spirit of that recommendation of the aforesaid inter- 
American body that the above-mentioned commercial agreement between 
the Dominican Republic and that of Haiti was concluded. 

Notes were exchanged between the two Governments on March 24, 1942 
by means of which certain products are added to the lists originally agreed 
upon. 

As the modus vivendi concluded between the Dominican Republic and 
the United States of America on September 25, 1924 2 provided that tariff 
reductions which our country may grant to other countries must benefit, to 
the measure indicated by the principles relative to the most-favored-nation 
clause, like products of United States manufacture and origin, I request Your 
Excellency to be good enough to inform this chancellery whether the Gov- 
ernment of the United States of America, in view of the above-stated con- 
siderations, will agree not to invoke the clauses of the agreement of Septem- 
ber 25, 1924 mentioned above for the purpose of claiming the benefit of the 
tariff preferences granted to the contiguous State of Haiti, which my Govern- 
ment considers to be in harmony with the conditions of the form recom- 
mended by the Inter- American Economic and Financial Advisory Committee. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ances of my highest consideration. 



A. Despradel 



His Excellency 

Avra M. Warren, 

E.E. and Minister Plenipotentiary 
of the United States of America, 
Legation. 



The American Minister to the Secretary of State for Foreign Affairs 

Legation of the United States of America 
No 21 Ciudad Trujillo, D.R., November 14, 1942 

Excellency: 

I have the honor to acknowledge the receipt of Your Excellency's note of 
today's date in which you reiterate the adherence of your Government to the 
principle of promoting the multilateral development of international trade 
on the unconditional most-favored-nation basis and refer to the exclusive 
tariff reductions to the Republic of Haiti specifically provided for in the 
Commercial Agreement between the Dominican Republic and that country 
signed on August 26, 1941, as modified by an exchange of notes on March 24, 



2 TS 700, ante, p. 216. 



COMMERCIAL RELATIONS— NOVEMBER 14, 1942 247 

1942 by which certain products were added to the list specified in the Com- 
mercial Agreement. In this connection you mention the contractual formula 
for tariff preferences to contiguous countries recommended on September 18, 
1941 by the Inter- American Financial and Economic Advisory Committee, 
and inquire whether, in view of the Committee's recommendation and con- 
sidering the special and unusual conditions affecting the trade between the 
Dominican Republic and Haiti, my Government would be willing to refrain 
from claiming, under the provisions of the modus vivendi between our two 
countries of September 25, 1924, the benefit of the tariff preferences to the 
Republic of Haiti specifically provided for in the Commercial Agreement of 
August 26, 1941 as modified by the exchange of notes of March 24, 1942. 

I have the honor to inform Your Excellency that my Government, in view 
of the considerations set forth, agrees not to invoke the pertinent provisions of 
the modus vivendi for the purpose of claiming the benefit of such tariff 
preferences. 

Accept, Excellency, the renewed assurances of my highest consideration. 



A. M. Warren 



His Excellency 

Arturo Despradel, 

Secretary of State for Foreign Affairs, 
Ciudad Trujillo, D.R. 



EXCHANGE OF PUBLICATIONS 

Exchange of notes at Ciudad Trujillo December 9 and 10, 1942 
Entered into force December 10, 1942 

56 Stat. 1851; Executive Agreement Series 297 

The American Charge d' Affaires ad interim to the Secretary of State 
for Foreign Affairs 

No. 34 Ciudad Trujillo, D.R., December 9, 1942 

Excellency: 

I have the honor to refer to the Legation's note of October 30 last and to 
other correspondence and conversations concerning the conclusion of an 
agreement between the Government of the United States of America and the 
Government of the Dominican Republic for an exchange of official publica- 
tions and to express our agreement for that exchange as follows: 

There shall be an exchange of official publications between the Govern- 
ment of the United States of America and the Government of the Dominican 
Republic, which shall be conducted in accordance with the following 
provisions : 

1 . The official exchange office for the transmission of publications of the 
United States of America is the Smithsonian Institution. The official exchange 
office on the part of the Dominican Republic is the Library of the University 
of Santo Domingo. 

2. The publications exchanged shall be received on behalf of the United 
States of America by the Library of Congress; on behalf of the Dominican 
Republic by the Library of the University of Santo Domingo. Official publica- 
tions shall be understood to include those published in printed or mimeo- 
graphed form by the two Governments or their official agencies. 

3. The Government of the United States shall furnish regularly one copy 
of each of the publications enumerated in the attached list headed "List 1". 
This list shall be extended to include, without the necessity of subsequent 
negotiation, any important publications that may be issued by any instru- 
mentalities of the Government in the future. 

4. The Government of the Dominican Republic shall furnish regularly 
one copy of each of the publications enumerated in the attached list headed 
"List 2". This list shall be extended to include, without the necessity of sub- 

248 



EXCHANGE OF PUBLICATIONS— DECEMBER 9 AND 10, 1942 249 

sequent negotiation, any important publications that may be Issued by any 
instrumentalities of the Government in the future. 

5. With respect to instrumentalities which at this time do not issue pub- 
lications and which are not mentioned in the attached lists, it is understood 
that important publications which they may issue in the future shall be 
furnished in one copy. 

6. Neither Government shall be obligated by this agreement to furnish 
confidential publications, blank forms, or circular letters not of a public 
nature. 

7. Each party to the agreement shall bear the postal, railroad, steam- 
ship, and other charges arising in its own country. 

8. This agreement shall not be understood to modify the already existing 
exchange agreements between the various Government instrumentalities 
of the two countries. 

Upon the receipt of an identical note from Your Excellency, my Govern- 
ment will consider that the foregoing agreement enters into effect. 

I avail myself of this opportunity to renew to Your Excellency the as- 
surances of my highest and most distinguished consideration. 

Edward P. Lawton 
Charge d' Affaires ad interim 

His Excellency 

Lie. Arturo Despradel 

Secretary of State for Foreign Affairs 
Ciudad Trujillo, Dom. Rep. 



Secretary of State for Foreign Affairs to the American Charge d' Affaires 

ad interim 



[translation] 



DOMINICAN REPUBLIC 
DEPARTMENT OF STATE 
FOR FOREIGN RELATIONS 



No. 23203-bls 



Ciudad Trujillo 
District of Santo Domingo 

December 10, 1942 



Mr. Charge d'affaires: 

I have the honor to acknowledge the receipt of the kind note no. 34 of 
the 9th instant, in which you are good enough to propose to the Dominican 
Government an agreement for an exchange of official publications between 
the two Governments, on the bases and provisions which appear in the said 
note, the text of which reads as follows: 

[For text of U.S. note, see above.] 



250 DOMINICAN REPUBLIC 

I have the honor likewise to inform Your Excellency that the Dominican 
Government accepts the foregoing provisions for the conclusion of the said 
agreement, which it considers concluded by the exchange of Your Excellency's 
above-mentioned note of the 9th instant and this note of reply. 

The Dominican Government deems it well to explain that for the reason 
that due to present difficulties many publications which were formerly issued 
regularly have been discontinued, this agreement will be carried out on its 
part so far as its possibilities permit under the difficulties to which reference 
has been made. 

I avail myself of this opportunity to renew to Your Excellency the as- 
surances of my most distinguished consideration. 

A. Despradel 

His Excellency 

Edward P. Lawton, 

Charge a" Affaires ad interim 

of the United States of America, 
His Legation. 

LIST 1 

List of Publications of the United States Which Are To Be 
Furnished in Exchange 

Agriculture, Department of 
Farmers' Bulletin (irregular) 
Report of the Secretary of Agriculture (annual) 

Commerce, Department of 

Annual Report of the Secretary of Commerce 

Census, Bureau of the 
Abstract (irregular) 

Foreign Commerce and Navigation of the United States (annual) 
Report (irregular) 
Statistical Abstract of the United States (annual) 

Foreign and Domestic Commerce, Bureau of 

Foreign Commerce Weekly 

Survey of Current Business (monthly) 
National Bureau of Standards 

Technical News Bulletin (monthly) 

Weather Bureau 

Monthly Weather Review 

Congress of the United States 
House Journal (bound) 
Senate Journal (bound) 
Statutes at Large (bound) 
United States Code, and Supplements (bound) 

District of Columbia 

Report of the Government of the District of Columbia (annual) 

Federal Security Agency 

Education, United States Office of 

Education for Victory (semi-monthly) 



EXCHANGE OF PUBLICATIONS— DECEMBER 9 AND 10, 1942 251 

Public Health Service, United States 
Public Health Reports (weekly) 

Social Security Board 

Social Security Bulletin (monthly) 

Federal Works Agency 
Public Roads Administration 
Public Roads (monthly) 

Interior, Department of the 

Annual Report of the Secretary of the Interior 

Fish and Wildlife Service 

Conservation Bulletin (irregular) 

Mines, Bureau of 
Minerals Yearbook 

Interstate Commerce Commission 
Annual Report 

Justice, Department of 

Annual Report of the Attorney General 

Labor, Department of 

Annual Report of the Secretary of Labor 

Labor Statistics, Bureau of 
Bulletin (irregular) 
Monthly Labor Review 

Library of Congress 

Annual Report of the Librarian of Congress 

National Advisory Committee for Aeronautics 
Annual Report 

National Archives, The 

Annual Report 
Navy, Department of the 

Annual Report of the Secretary of the Navy 

Nautical Almanac Office 

American Ephemeris and Nautical Almanac (annual) 
Post Office Department 

Annual Report of the Postmaster General 

Smithsonian Institution 

Annual Report 
State, Department of 

Department of State Bulletin (weekly) 

Inter- American Series (irregular) 

Foreign Relations of the United States (annual) 

Treaty Series (irregular) 

Treasury, Department of the 

Annual Report of the Secretary of the Treasury 
Internal Revenue, Bureau of 

Annual Report of the Commissioner of Internal Revenue 
Mint, Bureau of the 

Annual Report of the Director 

War, Department of 

Annual Report of the Secretary of War (annual) 

259-333—71 18 



252 DOMINICAN REPUBLIC 

LIST NO. 2 

List of Publications of the Dominican Republic Which Are To Be 
Furnished in Exchange 

Poder Legislativo 

Senado 

Boletin (irregular) 
Camara de Diputados 
Boletin (irregular) 

Poder Ejecutivo 

Presidencia de la Republica 

Mensajes Presidenciales (annual) 

Ejercito, Marina y Aviacion Nacional 

Revista Militar (monthly) 

Secretaria de Estado de Agricultura, Industria y Trabajo 

Memoria (annual) — Revista de Agricultura (bi-monthly) 

Secretaria de Estado de Educacion Publica y Bellas Artes 

Memoria (annual) 

Revista de Educacion (bi-monthly) 

Museo Nacional 

Universidad de Santo Domingo 

Anales (quarterly) 

Anuario (annual) 

Publicaciones (irregular) 

Secretaria de Estado de la Presidencia 

Gaceta Oflcial (bi-weekly) 

Coleccion de Leyes (annual) 

Direccion General de Estadistica 

Anuario Estadistico (annual) 

Boletin de Estadistica Bancaria (quarterly) 

Exportacion de la Republica Dominicana (monthly) 

Importacion de la Republica Dominicana (monthly) 

Direccion del Presupuesto 

Ley de Presupuesto 

Secretaria de Estado de lo Interior y Policia 

Memoria (annual) 

Archivo General de la Nacion 

Boletin (irregular) 

Policia Nacional 

Direccion General de Obras Publicas 

Memoria (annual) 

Secretaria de Estado de Relaciones Exteriores 

Memoria (annual) 

Secretaria de Estado de Sanidad y Beneficencia 

Memoria (annual) 

Secretaria de Estado del Tesoro y Comercio 

Memoria (annual) 

Presupuesto de gastos 

Oficina del Contralor y Auditor General 

Direccion General de Aduanas y Puertos 

Camara de Cuentas 

Poder Judicial 

Procuraduria General de la Republica 

Revista Juridica Dominicana (quarterly) 

Suprema Corte de Justicia 

Boletin Judicial 

Academia Dominicana de la Historia 

Clio (bi-monthly) 

Academia Dominicana de la Lengua 

Boletin (irregular) 

Consejo Administrativo del Distrito de Santo Domingo 

Memoria (annual) 

Revista Municipal (monthly) 



NAVAL MISSION 

Agreement signed at Washington January 25, 1943 
Entered into force January 25, 1943 
Expired January 25, 1947 

57 Stat. 910; Executive Agreement Series 312 

Agreement Between the Government of the United States of 
America and the Government of the Dominican Republic 

In conformity with the request of the Government of the Dominican 
Republic to the Government of the United States of America, the President 
of the United States of America has authorized the appointment of officers 
and enlisted men to constitute a Naval Mission to the Dominican Republic 
under the conditions specified below : 

Title I 
Purpose and Duration 

Article 1 . The purpose of this Mission is to cooperate with the Ministry 
of War and Marine of the Dominican Republic with the object of increasing 
and perfecting the efficiency of the Dominican Coast Guard and Dominican 
Aviation and in the various subjects correlated with both. 

Article 2. This Mission shall continue for a period of four years from 
the date of the signing of this Agreement by the accredited representatives 
of the Government of the United States of America and the Government of 
the Dominican Republic, unless previously terminated or extended as here- 
inafter provided. Any member of the Mission may be recalled by the Govern- 
ment of the United States of America after the expiration of two years of 
service, in which case another member shall be furnished to replace him. 

Article 3. If the Government of the Dominican Republic should desire 
that the services of the Mission be extended beyond the stipulated period, 
it shall make a written proposal to that effect six months before the expira- 
tion of this Agreement. 

Article 4. This Agreement may be terminated before the expiration of 
the period of four years prescribed in Article 2, or before the expiration 
of the extension authorized in Article 3, in the following manner: 

(a) By either of the Governments, subject to three months' written 
notice to the other Government ; 



253 



254 DOMINICAN REPUBLIC 

(b) By the recall of the entire personnel of the Mission by the Govern- 
ment of the United States of America in the public interest of the United 
States of America, without necessity of compliance with provision (a) of this 
Article. 

Article 5. This Agreement is subject to cancellation upon the initia- 
tive of either the Government of the United States of America or the Gov- 
ernment of the Dominican Republic at any time during a period when 
either Government is involved in domestic or foreign hostilities. 

Title II 
Composition and Personnel 

Article 6. This Mission shall consist of such personnel of the United 
States Navy as may be agreed upon by the Ministry of War and Marine of the 
Dominican Republic through its authorized representative in Washington 
and by the Navy Department of the United States of America. 

Title III 
Duties, Rank and Precedence 

Article 7. The personnel of the Mission shall perform such duties as 
may be agreed upon between the Ministry of War and Marine of the Do- 
minican Republic and the Chief of the Mission. 

Article 8. The members of the Mission shall be responsible solely to 
the Ministry of War and Marine of the Dominican Republic, through the 
Chief of the Mission. 

Article 9. Each member of the Mission shall serve on the Mission 
with the rank he holds in the United States Navy, and wear the uniform 
thereof, but shall take precedence over all Dominican Republic officers of 
the same rank. 

Article 10. Each member of the Mission shall be entitled to all the 
benefits and privileges which the regulations for the Dominican Armed Forces 
provide for Dominican officers and subordinate personnel of corresponding 
rank. 

Article 11. The personnel of the Mission shall be governed by the 
disciplinary regulations of the United States Navy. 

Title IV 
Compensation and Perquisites 

Article 12. Members of the Mission shall receive from the Govern- 
ment of the Dominican Republic such net annual compensation expressed 
in United States currency as may be agreed upon between the Government 



NAVAL MISSION— JANUARY 25, 1943 255 

of the United States of America and the Government of the Dominican 
Republic for each member. This compensation shall be paid in twelve (12) 
equal monthly installments, each due and payable on the last day of the 
month. The compensation shall not be subject to any tax, now or hereafter 
in effect, of the Government of the Dominican Republic or of any of its 
political or administrative subdivisions. Should there, however, at present or 
while this Agreement is in effect, be any taxes that might affect this com- 
pensation, such taxes shall be borne by the Ministry of War and Marine of 
the Dominican Republic in order to comply with the provision of this Article 
that the compensation agreed upon shall be net. 

Article 13. The compensation agreed upon as indicated in the preced- 
ing Article shall commence upon the date of departure from the United States 
of America of each member of the Mission, and, except as otherwise ex- 
pressly provided in this Agreement, shall continue, following the termina- 
tion of duty with the Mission, for the return voyage to the United States of 
America and thereafter for the period of any accumulated leave which may 
be due. 

Article 14. The compensation due for the period of the return trip and 
accumulated leave shall be paid to a detached member of the Mission before 
his departure from the Dominican Republic, and such payment shall be com- 
puted for travel by the shortest usually traveled route to the port of entry in 
the United States of America, regardless of the route and method of travel 
used by the member of the Mission. 

Article 15. Each member of the Mission and his family shall be fur- 
nished by the Government of the Dominican Republic with first-class accom- 
modations for travel, via the shortest usually traveled route, required and per- 
formed under this Agreement, between the port of embarkation in the United 
States of America and his official residence in the Dominican Republic, both 
for the outward and for the return voyage. The Government of the Dominican 
Republic shall also pay all expenses of shipment of household effects, baggage 
and automobile of each member of the Mission between the port of embar- 
kation in the United States of America and his official residence in the Do- 
minican Republic as well as all expenses incidental to the transportation of 
such household effects, baggage and automobile from the Dominican Republic 
to the port of entry in the United States of America. Transportation of such 
household effects, baggage and automobile shall be effected in one shipment, 
and all subsequent shipments shall be at the expense of the respective mem- 
bers of the Mission except as otherwise provided in this Agreement, or when 
such shipments are necessitated by circumstances beyond their control. Pay- 
ment of expenses for the transportation of families, household effects and auto- 
mobiles, in the case of personnel who may join the Mission for temporary duty 
at the request of the Ministry of War and Marine of the Dominican Republic, 



256 DOMINICAN REPUBLIC 

shall not be required under this Agreement, but shall be determined by nego- 
tiations between the Navy Department of the United States of America and 
the authorized representative of the Ministry of War and Marine of the 
Dominican Republic in Washington at such time as the detail of personnel 
for such temporary duty may be agreed upon. 

Article 16. The Government of the Dominican Republic shall grant, 
upon request of the Chief of the Mission, exemption from customs duties on 
articles imported by the members of the Mission for their personal use and for 
the use of members of their families. 

Article 17. Compensation for transportation and traveling expenses in 
the Dominican Republic on official business of the Government of the Domin- 
ican Republic shall be provided by the Government of the Dominican Re- 
public in accordance with the provisions of Article 10. 

Article 18. The Government of the Dominican Republic shall provide 
the Chief of the Mission with a suitable automobile with chauffeur, for use on 
official business. Suitable motor transportation with chauffeur, and when 
necessary an airplane, or a launch, properly equipped, shall on call be made 
available by the Government of the Dominican Republic for use by the mem- 
bers of the Mission for the conduct of the official business of the Mission. 

Article 19. The Government of the Dominican Republic shall provide 
suitable office space and facilities for the use of the members of the Mission. 

Article 20. If any member of the Mission, or any of his family, should 
die in the Dominican Republic, the Government of the Dominican Republic 
shall have the body transported to such place in the United States of Amer- 
ica as the surviving members of the family may decide, but the cost to the 
Government of the Dominican Republic shall not exceed the cost of trans- 
porting the remains from the place of decease to New York City. Should 
the deceased be a member of the Mission, his services with the Mission shall 
be considered to have terminated fifteen (15) days after his death. Return 
transportation to the port of embarkation for the family of the deceased mem- 
ber and for their baggage, household effects and automobile shall be provided 
as prescribed in Article 15. All compensation due the deceased member, in- 
cluding salary for fifteen (15) days subsequent to his death, and reimburse- 
ment for expenses and transportation due the deceased member for travel per- 
formed on official business of the Dominican Republic, shall be paid to the 
widow of the deceased member or to any other person who may have been 
designated in writing by the deceased while serving under the terms of this 
Agreement; but such widow or other person shall not be compensated for 
accrued leave due and not taken by the deceased. All compensations due the 
widow, or other person designated by the deceased, under the provisions of 
this Article, shall be paid within fifteen (15) days of the decease of the said 
member. 



NAVAL MISSION— JANUARY 25, 1943 257 

Title V 
Requisites and Conditions 

Article 21. So long as this Agreement, or any extension thereof, is in 
effect, the Government of the Dominican Republic shall not engage the serv- 
ices of any personnel of any other foreign government for duties of any 
nature connected with the Dominican Armed Forces, except by mutual agree- 
ment between the Government of the United States of America and the 
Government of the Dominican Republic. 

Article 22. Each member of the Mission shall agree not to divulge or in 
any way disclose to any foreign government or to any person whatsoever 
any secret or confidential matter of which he may become cognizant in his 
capacity as a member of the Mission. This requirement shall continue in force 
after the termination of service with the Mission and after the expiration or 
cancellation of this Agreement or any extension thereof. 

Article 23. Throughout this Agreement the term "family" is limited 
to mean wife and dependent children. 

Article 24. Each member of the Mission shall be entitled to one month's 
annual leave with pay, or to a proportional part thereof with pay for any 
fractional part of a year. Unused portions of said leave shall be cumulative 
from year to year during service as a member of the Mission. 

Article 25. The leave specified in the preceding Article may be spent in 
the Dominican Republic, in the United States of America or in other coun- 
tries, but the expense of travel and transportation not otherwise provided for in 
this Agreement shall be borne by the member of the Mission taking such 
leave. All travel time shall count as leave and shall not be in addition to the 
time authorized in the preceding Article. 

Article 26. The Government of the Dominican Republic agrees to 
grant the leave specified in Article 24 upon receipt of written application, 
approved by the Chief of the Mission with due consideration for the con- 
venience of the Government of the Dominican Republic. 

Article 27. Members of the Mission that may be replaced shall termi- 
nate their services on the Mission only upon the arrival of their replacements, 
except when otherwise mutually agreed upon in advance by the respective 
Governments. 

Article 28. The Government of the Dominican Republic shall pro- 
vide suitable medical attention to members of the Mission and their families. 
In case a member of the Mission becomes ill or suffers injury, he shall, at 
the discretion of the Chief of the Mission, be placed in such hospital as the 
Chief of the Mission deems suitable, after consultation with the Ministry 
of War and Marine of the Dominican Republic, and all expenses incurred as 
the result of such illness or injury while the patient is a member of the 



258 DOMINICAN REPUBLIC 

Mission and remains in the Dominican Republic shall be paid by the Gov- 
ernment of the Dominican Republic. If the hospitalized member is a com- 
missioned officer he shall pay his cost of subsistence, but if he is an enlisted 
man the cost of subsistence shall be paid by the Government of the Dominican 
Republic. Families shall enjoy the same privileges agreed upon in this Article 
for members of the Mission, except that a member of the Mission shall in 
all cases pay the cost of subsistence incident to hospitalization of a member 
of his family, except as may be provided under Article 10. The Government 
of the Dominican Republic shall not be responsible for any indemnity in 
case of permanent disability to a member of the Mission. 

Article 29. Any member of the Mission unable to perform his duties 
with the Mission by reason of long continued physical disability shall be 
replaced. 

Article 30. The members of this Mission are permitted and may be 
authorized to represent the United States of America on any commission and 
in any other capacity having to do with military cooperation or hemispheric 
defense without prejudice to this contract. 

In witness whereof, the undersigned, Cordell Hull, Secretary of State 
of the United States of America, and J. M. Troncoso, Envoy Extraordinary 
and Minister Plenipotentiary of the Dominican Republic at Washington, 
duly authorized thereto, have signed this Agreement in duplicate in the 
English and Spanish languages, at Washington, this twenty-fifth day of Janu- 
ary, one thousand nine hundred and forty-three. 

For the United States of America : 
Cordell Hull [seal] 

For the Dominican Republic : 
J. M. Troncoso [seal] 



PURCHASE BY UNITED STATES OF 

EXPORTABLE SURPLUSES OF RICE, CORN, 

AND PEANUT MEAL 

Exchange of notes at Ciudad Trujillo June 10, 1943, approving memo- 
randum of understanding dated May 20, 1943 
Entered into force June 10, 1943 
Expired July 1, 1945 

57 Stat. 1142; Executive Agreement Series 350 

The American Ambassador to the Secretary of State for Foreign Affairs 

Embassy of the 
United States of America 
no. 105 Ciudad Trujillo, D.R., June 10, 1943 

Excellency: 

I have the honor to refer to recent conversations held in Washington be- 
tween the Ambassador of the Dominican Republic, Dr. Jesus Maria Tron- 
coso, the Special Representative of the Dominican Government, Sr. Manuel 
de Moya, and representatives of the interested agencies of my Government, 
regarding the purchase by the Government of the United States of the 
exportable surplus of a number of Dominican food products. 

I enclose herewith a "Memorandum of Understanding" containing a 
statement of the agreements which were arrived at as a result of the conversa- 
tions to which reference has been made. If the understanding set forth in the 
memorandum is acceptable to the Government of the Dominican Republic, 
this note and Your Excellency's reply thereto will be regarded as placing 
on record the agreement between our Governments regarding these matters. 

Furthermore, I am authorized by my Government to suggest that at Your 
Excellency's convenience I shall be happy to continue in this capital the dis- 
cussions concerning other agricultural products which were mentioned in the 
conversations held in Washington but which have not yet become the subject 
of an agreement between the two Governments. 

Accept, Excellency, the assurances of my most distinguished consideration. 

A. M. Warren 

His Excellency 

Arturo Despradel, 

Secretary of State for Foreign Affairs 
of the Dominican Republic 

259 



260 DOMINICAN REPUBLIC 

May 20, 1943 

MEMORANDUM OF UNDERSTANDING 

1. Representatives of the Governments of the United States and of the 
Dominican Republic have discussed the program of the Dominican Govern- 
ment for agricultural diversification and the supplying of foodstuffs for 
distribution where needed in other areas of the Caribbean and elsewhere. 

2. To aid in this objective the Government of the United States, through 
its agency, the Commodity Credit Corporation or its nominee, agrees to 
purchase from this date until July 1, 1945 the entire exportable surplus 
of rice grown in the Dominican Republic upon the following basis: Com- 
modity Credit Corporation will pay $7.90, United States currency, per 
hundred pounds for milled rice, f.a.s. vessel, or warehouse designated by 
Commodity Credit Corporation, official shipped weight final at Monte 
Cristi, Puerto Plata, Sanchez, San Pedro de Macoris, La Romana, or Ciudad 
Trujillo, Dominican Republic. The port of delivery shall be the one designated 
by Commodity Credit Corporation. The rice shall be delivered in sound 
usable bags, the cost of which is included in the price. Rice will be accepted, 
subject to inspection by an approved representative of Commodity Credit 
Corporation, which is of a quality equal to or better than the requirements 
for Grade No. 5 (classes I to VII), as defined in the official Milled Rice 
Standards of the United States, effective May 15, 1942. The rice shall be 
reasonably well milled and may be dark gray or rosy in color. Requirements 
for Grade U.S. No. 5 milled rice (classes I to VII) follow: The number of 
cereal grains, seeds, and heat-damaged kernels in 500 grams shall not exceed 
a total of 25, of which there shall be not more than 15 heat-damaged ker- 
nels and seeds (singly or combined) . The quantity of red rice and damaged 
kernels other than heat-damaged (singly or combined) shall not exceed 
6 per cent. The quantity of chalky kernels shall not exceed 6 per cent. The 
quantity of broken kernels shall not exceed a total of 35 per cent of which 
there shall be not more than 1 per cent through No. 6 sieve. If a mixture 
of other classes exceeds 1 per cent the rice is classified and graded as mixed 
rice. 

3. The Government of the United States, through its agency the Com- 
modity Credit Corporation or its nominee, agrees to purchase from July 1, 
1943 to July 1, 1945 the entire exportable surplus of corn grown in the 
Dominican Republic upon the following basis : Commodity Credit Corpora- 
tion will pay $2.00, United States currency, per hundred pounds, for 
shelled corn, f.a.s. vessel, or warehouse designated by Commodity Credit 
Corporation, official shipped weight final at Monte Cristi, Puerto Plata, 
Sanchez, San Pedro de Macoris, La Romana, or Ciudad Trujillo, Domini- 
can Republic. The port of delivery shall be the one designated by Com- 
modity Credit Corporation. The corn shall be delivered in sound usable bags, 
the cost of which is included in the price. Shelled corn will be accepted, 



PURCHASE OF EXPORTABLE SURPLUSES— JUNE 10, 1943 261 

subject to inspection by an approved representative of Commodity Credit 
Corporation, which is sound, mechantable, and not sour, musty, heating 
or weevily, which does not have any comm jrcially objectionable foreign 
odor, which is No. 3 or better Yellow Flint Corn and will at least meet 
the requirements for No. 3 Yellow Flint Corn as defined in the official 
Grain Standards of the United States. The definition for No. 3 Yellow Flint 
Corn is as follows: "The corn shall be shelled, free from weevils, and shall 
weigh not less than 51 pounds per bushel. It shall contain not more than 
4 per cent of cracked corn and foreign material, not more than a total of 
7 per cent of damaged kernels of which not more than 0.5 per cent may be 
heat-damaged and shall not contain more than 17.5 per cent of moisture." 

4. The Government of the United States through its agency, the Com- 
modity Credit Corporation, or its nominee, agrees to purchase from July 1 , 
1943 to July 1, 1945, the entire exportable surplus of peanut meal produced 
in the Dominican Republic upon the following basis: Commodity Credit 
Corporation will pay $35.00 United States Currency per short ton (2000 
U.S. pounds) for peanut meal, f.a.s. vessel, or warehouse designated by 
Commodity Credit Corporation, at Monte Cristi, Puerto Plata, San Pedro 
de Macoris, La Romana, Sanchez or Ciudad Trujillo, Dominican Repub- 
lic. The port of delivery shall be the one designated by Commodity Credit 
Corporation. Peanut meal will be accepted which is prepared in accordance 
with good commercial practice by the expeller or hydraulic process, and 
shall be finely ground and free from lumps. The meal shall contain not 
less than 50 per cent of protein (NX 6.25), calculated on a moisture free 
basis, and shall contain not more than 10.0 per cent of moisture. (Meal 
containing 50 per cent of protein calculated on a moisture free basis is 
equivalent to meal containing 45 per cent of protein on a 10 per cent 
moisture basis.) For peanut meal containing less than 50 per cent protein, 
Commodity Credit Corporation shall pay 75 cents a ton less for each 
percentage point or fraction thereof less than 50 per cent. Peanut meal 
shall be delivered in sound usable bags, the cost of which is included in the 
price. Official shipped weights shall be final. All acceptances shall be sub- 
ject to inspection by an approved representative of Commodity Credit 
Corporation. 

5. The Government of the Dominican Republic through its appropriate 
agency agrees to transmit to the Commodity Credit Corporation or its 
representative on January 1, April 1, July 1, and October 1 of each year 
for the duration of this Memorandum, written statements as to the amount 
of rice, corn, and peanut meal which it expects to have available for sale 
to the Commodity Credit Corporation for the three months' period 
immediately following. 

6. A representative of the Commodity Credit Corporation will be sta- 
tioned in the Dominican Republic to make the purchases of rice, corn, and 



262 DOMINICAN REPUBLIC 

peanut meal on the bases hereinbefore stated. The Dominican Government 
agrees to give this representative adequate notice as to the quantities of the 
foregoing commodities available for sale and to inform the representative 
whenever there exist exportable surpluses of soyabean oil or of peanut oil. 

7. The Dominican Government agrees to forbid the exportation of 
corn and peanut meal from July 1, 1943 until July 1, 1945 except by the 
Commodity Credit Corporation or its nominee. The Dominican Govern- 
ment agrees to forbid the exportation of rice from the present date until 
July 1, 1945 except by the Commodity Credit Corporation or its nominee. 

8. Payments for purchases will be effected by appropriate letters of 
credit opened in Ciudad Trujillo by the Commodity Credit Corporation or 
its nominee, in favor of the sellers. The prices hereinbefore stated include the 
payment by the sellers of all export taxes and other charges, fees or levies 
of whatsoever nature imposed by the Dominican Government. 

9. The "official shipped weight" mentioned in the paragraphs above 
shall be determined by the representative of the Commodity Credit Corpora- 
tion stationed in the Dominican Republic. 

10. The phrase "exportable surplus" as used in this Memorandum shall 
include all amounts of a given commodity beyond those normally required 
for local consumption. 



The Secretary of State for Foreign Affairs to the American Ambassador 

[translation] 

dominican republic 
department of state 
for foreign affairs 

Ciudad Trujillo 
District of Santo Domingo 
11549 June 10, 1943 

Mr. Ambassador: 

I have the honor to acknowledge the receipt of the kind note of this same 
date, in which Your Excellency is good enough to refer to the conversations 
recently held in Washington between the Ambassador of the Dominican 
Republic, Lie. Jesus Ma. Troncoso, and the special representative of the 
Dominican Government, Mr. Manuel de Moya, on the one hand, and the 
representatives of the interested agencies of the Government of the United 
States of America, on the other, regarding the purchase by your Government 
of all exportable surpluses of certain Dominican food products. 

Your Excellency is good enough to transmit a memorandum, attached to 
the said note, with the stipulations which were fixed in the above-mentioned 
conversations for the agreement which might be concluded on this subject 
between the Governments of the two countries, and you are good enough 
to add that if these stipulations which are found in the said memorandum 



PURCHASE OF EXPORTABLE SURPLUSES— JUNE 10, 1943 263 

are acceptable to the Dominican Government, your above-mentioned note 
and this Chancellery's note in reply would be considered as placing on record 
the agreement of the two Governments on the subject. 

The above-mentioned memorandum which Your Excellency was good 
enough to transmit with your note, copied literally reads as follows : 

[For text of memorandum, see p. 260.] 

In reply to the said note, I have the honor to inform Your Excellency that 
the Dominican Government accepts the foregoing stipulations as constituting 
the agreement which is concluded between the two Governments for the 
sale of the exportable surpluses of the Dominican food products which are 
referred to limitatively in the said stipulations. 

As a consequence of this acceptance the Dominican Government is inter- 
ested in making the clarifications which are detailed below : 

( 1 ) The obligations contracted by the Dominican Government by the 
said stipulations in no way affect nor refer to the export permits issued by 
the competent Dominican authorities prior to the date of this note to the 
exporting firms situated in this country and concerning the following prod- 
ucts covered by the above-mentioned stipulations : 

Corn: 

Sociedad Comercial Exportadora, C. por A 493, 890 kgs. 

Munne & Co. C. por A 1, 323, 722 " 

Francisco Marcano 77, 114 " 

Teodoro Morales 111,551 " 

Cia. Antillana de Importacion & Exportacion, C. por A . . . . 817, 922 " 

Richo M. Schiffino 125, 000 " 

J. Arismendi Trujillo Molina 266, 170 " 

Pascual Negroni (Representative of Bonnin & Co.) 200,000 " 

Total 3,415,369 " 

or: 75,292 quintals. 

Rice: 

Badui M. Dumit & Co 3, 000 quintals 

This rice is consigned to Aruba and of this quantity 1,500 quintals 
are being shipped today, from the Monte Cristi dock. 

(2) The acceptance which the Dominican Government gives is with 
the understanding that the competent authorities of the Government 
of the United States of America will lift the suspension they have placed 
on the export licenses and priorities granted for the shipment to the 
Dominican Government of the agricultural machinery and equipment 
for the intensification and development of agriculture in our country, 
the acquisition of which was contracted by the Dominican Government 
under Project No. 1 1 of Credit No. 266 granted by the Export-Import 
Bank of Washington, which project has been approved in the amount 
of $300,000. 



264 DOMINICAN REPUBLIC 

Please accept, Excellency, the assurances of my highest and most 
distinguished consideration. 

A. Despradel 
His Excellency 

Avra M. Warren, 

Ambassador Extraordinary and Plenipotentiary 
of the United States oj America, 
Embassy. 









HEALTH AND SANITATION PROGRAM 

Exchange of notes at Ciudad Trujillo June 19 and July 7, 1943 
Entered into force July 7 , 1943 
Terminated December 31 , 1947 1 

57 Stat. 1115; Executive Agreement Series 346 

The American Ambassador to the Secretary of State for Foreign Affairs 

Embassy of the 
United States of America 
no. lo- Ciudad Trujillo, D.R., June 19, 1943 

Excellency: 

I have the honor to refer to Resolution No. XXX approved at the Third 
Meeting of Ministers of Foreign Affairs of the American Republics held at 
Rio de Janeiro, Brazil, in January 1942. 

If desired by the Government of the Dominican Republic, the Government 
of the United States is prepared to contribute a sum not to exceed one 
hundred thousand dollars ($100,000) for a cooperative program of health 
and sanitation in the Dominican Republic, such sum to be made available 
through the Office of the Coordinator of Inter-American Affairs. The United 
States Government will also provide a group of technicians in public health 
to cooperate with the officials of the Government of the Dominican Republic 
in the execution of the proposed program of health and sanitation. 

It is understood that the Government of the Dominican Republic will 
furnish such personnel, services and funds for local expenditures as it may 
consider necessary for the efficient development of the program. 

It is further understood that a special cooperative service of health and 
sanitation will be established within the Department of State for Health and 
Public Welfare, and that the detailed arrangements for the establishment of 
such a special service will be effected by agreement between the appropriate 
official of the Government of the Dominican Republic and the representative 
of the Coordinator of Inter-American Affairs. 

Allocation of United States funds for the purpose of this program will be 
made by the Institute of Inter-American Affairs which is an agency of the 



1 An agreement recording the termination and providing for disposition of certain assets 
was signed at Ciudad Trujillo Feb. 12, 1948, by representatives of Institute of Inter- 
American Affairs and Dominican Secretary of State for Sanitation and Public Welfare. 

265 



266 DOMINICAN REPUBLIC 

Office of the Coordinator of Inter-American Affairs. Detailed arrangements 
for the execution of each project and for the expenditure of United States 
funds will be made by mutual agreement between a representative of the In- 
stitute of Inter-American Affairs in the Dominican Republic and the appro- 
priate official of the Government of the Dominican Republic. 

It is understood that the sum not to exceed one hundred thousand dollars 
($100,000) contributed by the Government of the United States for execu- 
tion of the cooperative program of health and sanitation in the Dominican 
Republic will be expended in accordance with mutual agreements between 
the appropriate official of the Government of the Dominican Republic and a 
representative of the Institute of Inter-American Affairs in the Dominican 
Republic. 

All projects completed in the prosecution of this program will be the prop- 
erty of the Government of the Dominican Republic. 

No project will be undertaken that will require materials or supplies, the 
procurement of which would handicap any phase of the war effort. 

I should appreciate it if Your Excellency would be so good as to confirm 
to me your approval of this general proposal with the understanding that the 
details of the program will be the subject of further discussion and agreements. 

Accept, Excellency, the renewed assurance of my highest consideration. 






A. M. Warren 



His Excellency 

Lie. Arturo Despradel 

Secretary of State for Foreign Affairs 
Ciudad Trujillo, D.R. 



The Secretary of State for Foreign Affairs to the American Ambassador 

[translation] 

dominican republic 
department op state 
for foreign affairs 

Ciudad Trujillo 
District of Santo Domingo 
13630 July 7, 1943 

Mr. Ambassador: 

I have the honor to acknowledge the receipt of the kind note no. 107 of 
June 19 last, in which Your Excellency is good enough to communicate to 
this Department of State the general bases which the Government of the 
United States of America proposes for the establishment in the Dominican 
Republic of the Inter-American Cooperative Service of Public Health, in 
accordance with resolution no. XXX, approved at the Third Consultative 



HEALTH AND SANITATION— JUNE 19 AND JULY 7, 1943 267 

Meeting of Ministers of Foreign Affairs of the American Republics, held at 
Rio de Janeiro in the month of January 1942. 

I take the liberty to transcribe below the text of Your Excellency's above- 
mentioned note : 

[For text of U.S. note, see above.] 

In reply to the said note, I have the honor to state to Your Excellency that 
the Dominican Government accepts the general bases proposed therein for 
the said end, in the understanding that, as those general bases include all the 
details which were indicated by the Department of State for Health and 
Public Welfare of the Dominican Republic for the establishment and execu- 
tion in the country of the said Inter-American Cooperative Service of Public 
Health, those details will be clarified subsequently by means of conversations 
between representatives sent by the Coordinator of Inter-American Affairs of 
the Government of the United States of America and the Department of 
State for Health and Public Welfare of the Dominican Republic. 

I avail myself of this opportunity to renew to Your Excellency my highest 
and most distinguished consideration. 



A. Despradel 



His Excellency 

Avra M. Warren, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America, 
Embassy. 



WORKMEN'S COMPENSATION 

Exchange of notes at Ciudad Trujillo October 14 and 19, 1943 
Entered into force October 19, 1943 

57 Stat. 1 180; Executive Agreement Series 353 

The American Charge d' Affaires ad interim to the Secretary 
of State for Foreign Affairs 

Embassy of the 
United States of America 
no. 141 Ciudad Trujillo, D.R., October 14, 1943 

Excellency: 

I have the honor to refer to conversations which have taken place between 
officers of the Dominican Department of State for Foreign Affairs and of the 
Embassy with respect to compensation benefits which may be claimed by 
American citizens employed on projects under construction or operation by 
cost plus contractors with the Government of the United States in the Do- 
minican Republic. 

The Congress of the United States by Public Law 208, 77th Congress, 1 as 
amended by Public Law 784, 77th Congress, 2 has provided a mandatory 
and uniform system of compensation benefits as embodied in the Longshore- 
men's and Harbor Workers' Act, and administered by the United States 
Employees' Compensation Commission for American nationals employed by 
contractors in foreign countries on or in connection with United States Gov- 
ernment projects. 

The purpose of this legislation was two-fold ( 1 ) to insure that all Ameri- 
can workmen engaged outside the United States on these Government proj- 
ects would be treated equally and (2) since these American workmen 
have rights under the compensation acts of the country in which they are 
working in the absence of some arrangement with that country, there is every 
possibility of an American workman collecting double benefits. Such double 
benefits would be ultimately paid for by the United States Government since 
the contracts above referred to are on a cost-plus-a-fixed-fee basis under which 
the Government reimburses for such expenditures. 



1 55 Stat. 622. 

2 56 Stat. 1035. 



268 



WORKMEN'S COMPENSATION— OCTOBER 14 AND 19, 1943 269 

Furthermore, in view of the fact that these workmen performing work in 
foreign countries are there temporarily it is necessary to provide them and 
their families (in the event of their death) with a system of benefits admin- 
istered in the United States as well as in foreign countries, as is the situation 
under the Longshoremen's and Harbor Workers' Act. This is particularly true 
since in the event of a workman's disability or death, as the case may be, com- 
pensation payments to himself or dependents will continue for a long period 
of years. If some such arrangement had not been made by Congress (in the 
passage of Public Laws 208 and 784 hereinabove referred to) it would have 
been necessary for American workmen or their families to return to foreign 
countries in order to litigate or collect local compensation benefits. 

It is the desire of the Government of the United States that Public Law 
208, 77 th Congress, as amended by Public Law 784, 77 th Congress, will 
be made the exclusive remedy for workman's compensation, injury or death 
therein of American employees of American contractors with the United 
States Government. 

Inasmuch as the insurance furnished these American employers is written 
by American companies it would be appreciated if Your Excellency's govern- 
ment would permit American insurance companies to service the insured risks 
involved, by furnishing claim adjusters and safety engineers and to maintain 
any facilities that may be necessary solely and only for such purpose. 

I avail myself of the opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

Robert Newbegin 
Charge a" Affaires ad interim 

His Excellency 

Manuel Pena Batlle 

Secretary of State for Foreign Affairs 
Ciudad Trujillo, D.R. 



The Secretary of State for Foreign Affairs to the American 
Charge d' Affaires ad interim 

[translation] 

DOMINICAN REPUBLIC 
DEPARTMENT OF STATE 

for foreign affairs 

Ciudad Trujillo 
District of Santo Domingo 
21702 October 19, 1943 

Mr. Charge d'affaires : 

I have the honor to acknowledge receipt of your note 141 of October 14, 
1943, in which the Embassy, in the name of the Government of the United 



270 DOMINICAN REPUBLIC 

States, transmits to the Dominican Government the request quoted below 
in Spanish translation: 

[For text of U.S. note, see above.] 

M. Pena Batlle 

The Honorable 

Robert Newbegin 

Charge d' Affaires ad interim 

of the United States of America, 
Embassy. 



PURCHASE OF FOOD SURPLUSES 

Exchange of notes at Ciudad Trujillo December 17, 1943, and Febru- 
ary 11, 1944, approving memorandum of understanding dated 
November 1, 1943 

Entered into force February 11, 1944 

Expired July 1, 1945 

58 Stat. 1273; Executive Agreement Series 404 

The American Ambassador to the Secretary of State for Foreign Affairs 

Embassy of the 
United States of America 
no. 16* Ciudad Trujillo, D.R., December 17, 1943 

Excellency: 

I have the honor to refer to recent conversations held in Washington be- 
tween the Special Representative of the Dominican Government, Sr. Manuel 
de Moya, and representatives of the interested agencies of my government, 
regarding the purchase by the Government of the United States of the 
exportable surpluses of a number of Dominican food products. 

I enclose herewith a "Memorandum of Understanding" dated Novem- 
ber 1, 1943 containing a statement of the agreements which were arrived 
at as a result of the above-mentioned conversations. For purposes of clarifica- 
tion, I am instructed to point out it is the understanding of my Government 
that paragraph 8(a) of the Memorandum means that the Commodity Credit 
Corporation or its nominee is guaranteed the entire exportable surplus of live 
cattle and that no frozen or prepared beef may be exported in any month 
until the Commodity Credit Corporation or its nominee has received in that 
month 1000 head in live form. If the Dominican Government concurs in this 
understanding, I should appreciate confirmation of such concurrence. 

I also desire to invite Your Excellency's attention to paragraph number 3 
of the "Memorandum of Understanding", which provides that, upon the 
exchange of notes, adequate publicity to the contents thereof will be given 
simultaneously in the United States and in the Dominican Republic. I should 
therefore appreciate information from Your Excellency at the time of ex- 
change of notes as to the manner of the proposed announcement of the 
Dominican Government and the date on which its announcement will be 
made. This information is desired in order that public announcement may 

271 



272 DOMINICAN REPUBLIC 

be made simultaneously in the United States and the Dominican Republic. 
Accept, Excellency, the assurances of my highest and most distinguished 
consideration. 



A. M. Warren 



Enclosure 



His Excellency 

Lie. M. A. Pena Batlle, 

Secretary of State for Foreign Affairs, 
Ciudad Trujillo, D.R. 

Memorandum of Understanding 

1. On September 10, 1943, a memorandum prepared by Mr. Samuel 
Herman, Foreign Economic Administration ; Mr. Robert J. McArdle, Com- 
modity Credit Corporation and Mr. Don Catlett, American Embassy, Domin- 
ican Republic, was submitted to Mr. Manuel de Moya at Santiago, Domini- 
can Republic, for submission to the President of the Dominican Republic. 
This memorandum stated the interest of Commodity Credit Corporation in 
entering into negotiations with the Dominican Government for the procure- 
ment for export of the exportable surpluses of certain named Dominican 
agricultural products until July 1, 1945. Accordingly, President Trujillo 
designated Mr. De Moya to enter into the aforesaid negotiations on behalf 
of the Dominican Republic. Such negotiations ensued in Washington, D.C. 
on September 27, 1943. 

2. This memorandum of understanding embodies the agreements reached 
as a result of the Washington negotiations. It is initialed officially on behalf 
of the Dominican Republic by Mr. De Moya and on behalf of the Foreign 
Economic Administration, the State Department and Commodity Credit 
Corporation by the proper officials thereof. The understandings contained 
herein will be incorporated in notes to be exchanged, as soon as possible, by 
the Government of the United States and the Government of the Dominican 
Republic in Ciudad Trujillo, Dominican Republic. 

3. Upon the exchange of the aforesaid notes, adequate publicity to the 
contents thereof will be given simultaneously in the United States and in the 
Dominican Republic. 

4. On June 10, 1943, the Dominican Government Foreign Office trans- 
mitted note No. 1 1 549 1 accepting the memorandum of understanding of 
May 20, 1943 by which the Dominican Republic undertook to sell to Com- 
modity Credit Corporation its entire exportable surpluses of rice, corn and 
peanut meal until July 1 , 1 945 . It is further understood as to that undertaking : 

(a) Since Commodity Credit Corporation is the exclusive purchaser for 
export of such products, no export permits will be required by the Dominican 



1 EAS 350, ante, p. 262. 



FOOD SURPLUSES— DEC. 17, 1943, AND FEB. 11, 1944 273 

Government of Dominican sellers to Commodity Credit Corporation. 

(b) The forthcoming exchange of notes will embody as to rice and corn 
a detailed tarija or schedule of components of the price to be paid for rice and 
corn by Commodity Credit Corporation which would include specifically 
a price to be paid to the campesinos or producers. Each tarifa will be promul- 
gated officially in the Dominican Republic and will be published throughout 
the Dominican Republic by the Secretary of Agriculture of the republic. As 
to corn, this does not affect the agreement by Mr. De Moya on September 10 
to arrange for immediate publication by the Secretary of Agriculture of 
the corn tarifa agreed to at Santiago. 

(c) As to rice, corn and peanut meal, the Dominican Republic during 
the life of the agreement with respect thereto will not increase export taxes, 
and other charges, fees or levies of whatsoever nature applicable thereto. 

(d) As to corn and peanut meal, Commodity Credit Corporation, or 
its representative, shall purchase through one or more of four intermediaries 
of which two shall be designated by Commodity Credit Corporation and two 
shall be designated by the Dominican Government. Commodity Credit Cor- 
poration, or its representative or intermediaries, shall be free to purchase in 
any area of the Dominican Republic. 

(e) As to rice, Commodity Credit Corporation, or its representative, 
shall purchase from qualified sellers for export pursuant to applicable legisla- 
tion of the Dominican Government. This shall not preclude mutual discus- 
sions between Commodity Credit Corporation and the Government of the 
Dominican Government as to some other basis of purchase should the existing 
method prove inadequate or undesirable. 

5. Commodity Credit Corporation, or its nominee, agrees to purchase 
until July 1, 1945 the entire exportable surplus of shelled peanuts grown 
in the Dominican Republic upon the following basis: Commodity Credit 
Corporation will pay $6.75, United States Currency, per hundred pounds 
for shelled peanuts, f.a.s. vessel, or warehouse designated by Commodity 
Credit Corporation, official shipped weight final at Ciudad Trujillo, Domini- 
can Republic. The shelled peanuts shall be delivered in sound usable bags, 
the cost of which is included in the price. Peanuts will be accepted, subject 
to inspection by an approved representative of Commodity Credit Corpora- 
tion, which are equal to Grade U.S. No. 1 red Spanish peanuts. 

(a) Only such shelled peanuts shall be considered to be exportable sur- 
plus which are in excess of the crushing capacity of peanut crushing facilities 
in the Dominican Republic devoted to the satisfaction of domestic 
requirements. 

6. Commodity Credit Corporation, or its nominee, agrees to purchase 
until July 1, 1945, the entire exportable surplus of red kidney beans grown in 
the Dominican Republic upon the following basis: Commodity Credit Cor- 



274 DOMINICAN REPUBLIC 

poration will pay $5.25, United States Currency, per hundred pounds, for 
red kidney beans, f .a.s. vessel, or warehouse designated by Commodity Credit 
Corporation, official shipped weight final at Monte Cristi, Puerto Plata, 
Sanchez, San Pedro de Macoris, La Romana or Ciudad Trujillo, Dominican 
Republic. The port of delivery shall be the one designated by Commodity 
Credit Corporation. The red kidney beans shall be delivered in sound usable 
bags, the cost of which is included in the price. Red kidney beans shall be 
accepted which are sound, merchantable and will equal the requirements 
of U.S. Grade No. 1. 

(a) Commodity Credit Corporation will arrange to secure and to sell 
to the Dominican Government a mutually agreeable quantity of red kidney 
bean seed to develop the variety of red kidney beans which Commodity Credit 
Corporation has undertaken to purchase. The Foreign Economic Adminis- 
tration will endeavor by all practical means to facilitate the development of 
a red kidney bean surplus. 

7. Commodity Credit Corporation, or its nominee, agrees to purchase 
until July 1, 1945, butter, eggs, fresh vegetables and fruits produced or 
grown in the Dominican Republic upon the following basis: Commodity 
Credit Corporation desires to be in a position to purchase substantial quan- 
tities of the aforementioned perishables. Since refrigerated ocean transporta- 
tion is controlling and requirements cannot be forecast at this time, it is 
understood that the Dominican Republic will grant Commodity Credit Cor- 
poration the first refusal on all butter, eggs, fresh vegetables and fruits offered 
for export by vendors. Export permits for these perishables will be granted 
only to Commodity Credit Corporation or its nominee, except when a writ- 
ten offer of the foodstuff has been made to Commodity Credit Corporation, 
or its nominee, and a written non-acceptance of the offer is received by the 
offeror from Commodity Credit Corporation, or when the offeror fails to 
receive any reply within ten days of its submission. 

(a) Whenever Commodity Credit Corporation or its nominee, can fore- 
cast requirements for a six months' period it will publically announce in the 
Dominican Republic, the price and specifications and quantities of the afore- 
said perishables which it will buy during the ensuing six months' period and 
thereafter, during the life of the undertaking, will make similar announce- 
ments for similar periods. 

(b) It is intended that the above announcement procedure will permit 
production planning by Dominican producers. 

8. Commodity Credit Corporation, or its nominee, agrees to purchase 
until July 1, 1945, the entire exportable surplus of live cattle produced in 
the Dominican Republic upon the following basis: Commodity Credit Cor- 
poration will pay 12c\ United States Currency, per kilo for live cattle, deliv- 
ered within reach of ship's tackle at any port of the Dominican Republic 



FOOD SURPLUSES— DEC. 17, 1943, AND FEB. 11, 1944 275 

designated by Commodity Credit Corporation. Official shipped weight shall 
be determined at ship's tackle. Live cattle delivered hereunder may be 
accepted or rejected by inspectors of Commodity Credit Corporation for 
failure to meet specifications which shall be: All cattie to be purchased by 
Commodity Credit Corporation shall be the top grade of steers produced in 
the Dominican Republic, shall average no less than 1,000 United States 
pounds in weight, shall be no older than 4 years of age, shall be free of disease, 
contain no serious bruises and be in condition for export, and be such cattle 
as will produce wholesome meat for human consumption. 

(a) The Government of the Dominican Republic undertakes to issue 
export licenses only to the Commodity Credit Corporation, or its nominee, for 
the export of live cattle, or beef, during each month, until the number of live 
cattle so licensed and exported during such month by Commodity Credit 
Corporation shall amount to at least 1000 head, and the Government of the 
Dominican Republic will not permit the exportation of live cattle except by 
the Commodity Credit Corporation or its nominee. At least 1 000 head of the 
exportable surplus during each month are to be made available for export, 
and will be exported, in the form of live cattle. Commodity Credit Corpora- 
tion, or its nominee, will accept offerings of live cattle, under the aforesaid 
conditions, in the excess of one thousand ( 1 ,000 ) head per month whenever 
the Dominican Government indicates that such excess will not adversely affect 
the Dominican domestic economy. 

(b) Nothing contained in the paragraph shall be interpreted to relieve 
the Dominican Republic of the obligation to Commodity Credit Corporation 
to deliver, or cause the delivery, to Commodity Credit Corporation of 700 
head of live cattle at 110 per kilo as referred to in the letter of October 12, 
1943 by Mr. Leon Falk, Director of Foreign Commodities Division, Com- 
modity Credit Corporation, to Mr. Manuel de Moya. 

9. Commodity Credit Corporation, or its nominee, agrees to purchase 
until July 1, 1945, any exportable surplus of frozen carcasses of beef, produced 
from cattle of the nature described in Paragraph 8 hereof, offered for sale 
to Commodity Credit Corporation, or its nominee, to be delivered c.i.f. San 
Juan, Puerto Rico. Commodity Credit Corporation, or its nominee, will be 
prepared to pay a price for frozen carcass beef determined on the basis of 
130 per pound, f.o.b. ocean going vessel, Ciudad Trujillo, Dominican Re- 
public, official shipped weight final, plus a mutually agreed amount repre- 
senting the cost of a shroud and the cost of ocean freight from Ciudad 
Trujillo, Dominican Republic to San Juan, Puerto Rico. 

(a) Frozen carcasses of beef shall be properly slaughtered in accordance 
with the applicable rules and regulations of the United States Department of 
Agriculture and shall be subject to all necessary and proper inspection as 

259-333—71 19 



276 DOMINICAN REPUBLIC 

determined by the Commodity Credit Corporation, or its nominee. Main- 
tenance of temperature and condition until delivery at San Juan, Puerto 
Rico, shall likewise be in accordance with the applicable regulations of the 
United States Department of Agriculture, or as determined by Commodity 
Credit Corporation, or its nominee. 

(b) The Dominican Republic agrees to forbid the exportation of such 
frozen carcasses of beef except by Commodity Credit Corporation or its 
nominees during the period ending July 1, 1945 and beginning on the date 
the Dominican Republic indicates its assent to the price offered and terms 
and conditions specified for the purchase of such frozen carcasses of beef 
by Commodity Credit Corporation. 

10. The Government of the Dominican Republic will transmit to Com- 
modity Credit Corporation, or its nominee, on January 1, April 1, July 1, 
and October 1 of each year for the duration of the agreement, written state- 
ments as to the amount of the commodities, relative to which new under- 
takings are made herein, which it expects to be available for sale to Com- 
modity Credit Corporation for the three months' period immediately follow- 
ing. A similar existing commitment as to rice, corn and peanut meal is not 
affected hereby. 

11. A representative or representatives of Commodity Credit Corpora- 
tion, or its nominee, will be stationed in the Dominican Republic to make 
purchases provided for hereunder on the basis hereinbefore stated, and to 
aid in the effectuation of the other conditions of development and procure- 
ment contained herein. 

12. Payments for purchases provided for hereunder will be effected by 
appropriate letters of credit opened in Ciudad Trujillo by Commodity Credit 
Corporation or its nominee. 

13. The "official shipped weight" mentioned in the paragraphs above 
shall be determined by the representative of the Commodity Credit Corpora- 
tion, or its nominee, stationed in the Dominican Republic. 

14. Commodity Credit Corporation, or its nominee, shall act as the 
purchasing agency for all agencies of the Government of the United States, 
including the armed forces, for the purchase of meat, eggs, fresh fruits and 
vegetables and other foodstuffs which any of such agencies may purchase 
in the Dominican Republic. 

15. In connection with the undertakings provided herein, except as 
otherwise provided, the Dominican Government agrees to forbid the exporta- 
tion of the aforesaid commodities or products from the present date until 
July 1, 1945 except by Commodity Credit Corporation or its nominee. Since 
Commodity Credit Corporation shall be the exclusive purchaser for export 
of such commodities or products, no export permits will be required by the 



FOOD SURPLUSES— DEC. 17, 1943, AND FEB. 11, 1944 277 

Dominican Government of Dominican sellers to Commodity Credit Corpo- 
ration or its nominees. 

16. The prices hereinabove stated include the payment by the sellers 
of all export taxes and other charges, fees or levies of whatsoever nature 
imposed by the Dominican Government and the Dominican Government 
will not during the life of the undertakings contained herein increase any 
such existing export taxes, charges, fees or levies of whatsoever nature. 

17. The forthcoming exchange of notes will embody as to all commod- 
ities or products hereinabove contained, relative to which firm undertakings 
as to price are made or will be made, detailed tarifas or schedules of com- 
ponents of the prices to be paid for such commodities or products by Com- 
modity Credit Corporation which will include specifically prices to be paid 
to the campesinos or producers. Each tarifa will be promulgated officially in 
the Dominican Republic and will be published throughout the Dominican 
Republic by the Secretary of Agriculture of the Republic. 

(a) As to peanuts, it is understood that the tarifa will provide that the 
campesinos will receive no less than $2.75 per hundred pounds of unshelled 
peanuts. 

18. Commodity Credit Corporation, or its representative, shall purchase 
commodities or products hereinabove contained through one or more of four 
intermediaries of which two shall be designated by Commodity Credit 
Corporation and two shall be designated by the Dominican Government. 
Commodity Credit Corporation shall be free to purchase, in its discretion, 
in any area of the Dominican Republic: provided, however, that Commodity 
Credit Corporation, or its representative, shall consult with the appropriate 
agency of the Government of the Dominican Republic as to areas within the 
Dominican Republic in which live cattle shall be purchased. 

19. Except as otherwise provided herein, the phrase "exportable surplus" 
as used herein shall include all amounts of a given commodity beyond those 
normally required for local consumption. 

20. All or any part of Commodity Credit Corporation's right, title, and 
interest in and obligations under this Memorandum of Understanding may 
be assigned by the Commodity Credit Corporation to any other agency of 
the Government of the United States upon the Commodity Credit Corpor- 
ation giving notice of such assignment to the Government of the Dominican 
Republic. 

Initialed in Washington, D.C. on November 1, 1943. 

1. Cleared by phone 1 1 : 09 a.m. James Maddox for FEA 

2. A. R. Himbert, State Department 

3. Leon Falk, Jr., Commodity Credit Corporation 

4. M. De Moya, Dominican Republic 



278 DOMINICAN REPUBLIC 

The Secretary of State for Foreign Affairs to the American Ambassador 

[translation] 

DOMINICAN REPUBLIC 
DEPARTMENT OF STATE 
FOR FOREIGN AFFAIRS 

ClUDAD Trujillo, D.R. 

3751 February 11, 1944 

Mr. Ambassador: 

I have the honor to acknowledge the receipt of your courteous note of 
December 17, 1943, in which Your Excellency refers to the conversations 
carried on in Washington between the special representative of the Domin- 
ican Government, Mr. Manuel de Moya, on the one hand, and the represen- 
tatives of interested agencies of the Government of the United States of 
America, on the other, regarding the purchase by your Government of the 
exportable surpluses of certain food products. 

Attached to the above-mentioned note Your Excellency transmits a "Mem- 
orandum of Understanding" containing the stipulations which were arrived 
at as a result of the conversations referred to, the text of which reads thus : 

[For text of memorandum of understanding, see p. 272.] 

In response to said note, I have the honor to inform Your Excellency that 
the Dominican Government accepts in their entirety the stipulations set forth 
as constituting the agreement concluded between the two Governments for 
the sale of the exportable surpluses of Dominican food products to which 
the said stipulations refer in a limitative manner. 

In relation to paragraph 8 (a) of the memorandum of understanding, 
my Government desires to explain that the entire exportable surplus of live 
cattle is guaranteed to the Commodity Credit Corporation or its nominee, 
and that in no month may there be exported frozen or prepared meats until 
the Commodity Credit Corporation or its nominee shall have received in 
that month the stipulated 1 ,000 head of cattle. 

Therefore, my Government understands that any number of cattle existing 
as a surplus after the consumption needs of the Dominican Republic are 
satisfied will be sold to the Commodity Credit Corporation or its nominee, 
even though this number may not reach 1,000 head, in the understanding 
that only after arriving at that number will it be possible to export frozen 
or prepared meats. 

In accordance with paragraph 4 (b) and paragraph 17 of the agreement 
with which this note deals, the detailed tarifa of schedule of prices which will 
be paid by the Commodity Credit Corporation and which stipulates also 
the price which will be paid to the farmers or producers, is as follows : 



FOOD SURPLUSES— DEC. 17, 1943, AND FEB. 11, 1944 



279 



Rice (2d class) (per 100 

pounds) 
Frozen meat (per 100 

pounds) 
Red beans (per 100 pounds) 



Corn (per 100 pounds) 



Price for the producer: 

$6 at any location in 
the country 



Shelled peanuts (per 100 

pounds) 
CatUe (per 100 pounds) 
Peanut cake (Meal) 



San J. de Ocoa 
San Juan 
El Cercado 
Constanza 
Jarabacoa 
Santiago, Moca, La 
Vega, S. F. de Ma- 
coris and all points 
on the railroad 
Puerto Plata, Azua, 
S. Pedro de Macoris 
and Ciudad Trujillo 
Higiiey 



$3.55 
3.20 
3.00 
3.45 
3.70 



1. 10 



1.35 



Price free alongside ship in 
any of the ports of Ciudad 
Trujillo, San Pedro de 
Macoris, Romana, Puerto 
Plata, Monte Cristi, and 
Sanchez: 

$7.90 
13.00 



5.25 



1. 15 



$3 per quintal unshelled 
$9 



2.00 
6.75 

12.00 

35.00 per ton of 2000 

American lbs. 



In order to fulfill the terms of paragraph 3 of the agreement, I take pleasure 
in confirming to Your Excellency the note verbale from this Department of 
State under date of January 26, 1944, numbered 2170, in which was ex- 
pressed the agreement of the Dominican Government to make public, simul- 
taneously with the Government of the United States of America, a press 
release in both countries, with the following text : 

"Conclusion of an agreement which stipulates the sale of the entire export- 
able surplus of several Dominican foodstuffs exclusively to the Government 
of the United States, through the Foreign Economic Administration, in order 
to check shortage of food in the Caribbean and other areas was announced 
today jointly by the Dominican Government and the Department of State 
of the United States. The agreement shall be in force until June 30, 1945. 

"The cooperative efforts of the Government of the Dominican Republic 
and of its food producers have resulted in an increase in production in these 
critical times and constitute an important contribution to the total United 
Nations food-supply program and a contribution to the total available sup- 
plies which will be distributed in areas affected by the shortage. It will be of 
appreciable importance to Puerto Rico and other Caribbean islands which 
now depend to a great extent on exports of food from the United States. 

"Direct shipments of Dominican foods to these islands represent an econ- 
omy in shipping. The Dominican Government is contributing substantially 
in this respect by providing a fleet of vessels for inter-island transportation 
of foodstuffs. 



280 DOMINICAN REPUBLIC 

"In conformity with an agreement signed previously, the Dominican Re- 
public is selling to the United States exclusively its surpluses of corn, rice, and 
peanut cakes, for use in the Caribbean areas. The new agreement adds the 
items of peanuts, red kidney beans, and live cattle. Moreover, a refusal is 
granted to the United States for purchases of butter, eggs, fresh vegetables, 
and fruits." 

My Government proposes to release the above for publication in the morn- 
ing newspapers of Friday, February 18, 1944. 

I avail myself of this opportunity to reiterate to Your Excellency the 
assurances of my highest consideration. 

M. A. Pena Batlle 

His Excellency 

Avra M. Warren, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America, 
Embassy 



COOPERATIVE EDUCATION PROGRAM 

Exchange of notes at Ciudad Trujillo October 13, 1945 
Entered into force October 13, 1945 
Expired June 30, 1948 

60 Stat. 1730; Treaties and Other 
International Acts Series 1530 

The Secretary of State for Foreign Affairs to the American Ambassador 

[translation] 

dominican republic 
department of state 
for foreign affairs 

Ciudad Trujillo 
District of Santo Domingo 
24732 October 13, 1945 

Mr. Ambassador: 

I have the honor to inform Your Excellency that, as a result of the con- 
versations held between the Secretary of State for Education and Fine Arts, 
Mr. Telesforo R. Calderon, representing the Dominican Government, on the 
one hand and, on the other, the Inter-American Educational Foundation, 
Inc., a corporation of the Office of Inter-American Affairs and an Agency 
of the Government of the United States of America, represented by its Presi- 
dent, Mr. Kenneth Holland, there was definitively signed in this city on the 
3d instant the agreement for a cooperative educational program which, 
copied literally, reads as follows : 

"The Government of the Dominican Republic (hereinafter called the 
"Republic"), represented by the Secretary of State for Education and Fine 
Arts (hereinafter called the "Secretary") and the Inter- American Educa- 
tional Foundation, Inc., a corporation of the Office of Inter- American Affairs 
and an Agency of the Government of the United States of America (here- 
inafter called the "Foundation"), represented by its President, have decided 
to conclude the following agreement in order to carry out a cooperative edu- 
cational program to promote Inter-American understanding by bringing 
about a better interchange of educators, educational ideas and methods be- 
tween the Dominican Republic and the United States of America, pursuant 
to Resolution 28 adopted by the First Conference of Ministers and Directors 

281 



282 DOMINICAN REPUBLIC 

of Education of the American Republics held in Panama in September and 
October, 1943, and pursuant to Resolution 58 adopted by the Inter-Ameri- 
can Conference on Problems of War and Peace, 1 held at Mexico City in 
February and March 1945. 

"1. The said cooperative educational program may include: 

a. Furnishing by the Foundation of a small Field Staff of educational 
specialists requested by the Secretary for service in the Dominican Republic in 
carrying out the cooperative educational program ; 

b. Grants to permit Dominican educators to go to the United States for 
specialized training, to lecture, to teach and to interchange ideas and experi- 
ence with United States educators ; 

c. Exploration and survey in the Dominican Republic of local needs, and 
resources for carrying out educational projects in the field of physical educa- 
tion at the primary, secondary, and teacher education levels and in the field 
of vocational education ; 

d. Development, adaptation, and exchange of suitable teaching mate- 
rials necessary for the programs mentioned in paragraph c ) ; 

e. Local projects needed to implement this program in the Dominican 
Republic. 

"2. The Field Staff of specialists shall be under the direction of an official 
who shall have the title of "Special Representative, Inter-American Educa- 
tional Foundation, Inc.," and who shall be the representative of the Founda- 
tion in connection with the program to be undertaken in accordance with 
this agreement. The special representative and the specialists shall not be 
appointed until the candidates have been previously approved by the Secre- 
tary of State for Education and Fine Arts. 

"3. There shall be created in the Department of State for Education and 
Fine Arts, and as a dependency of and attached to the same, a special technical 
service which shall have the name of "Servicio Cooperativo Interamericano 
de Education" (hereinafter called the "Servicio" ) , which shall act as an inter- 
mediary between the Republic and the Foundation and which shall carry out 
under the authority of the Secretary of State for Education and Fine Arts the 
Educational Program referred to in this agreement. The Special Representa- 
tive of the Foundation shall be named as Director of the Servicio. 

"4. The activities that shall be carried out by virtue of this agreement and 
the allocation of funds therefor will be agreed upon in writing by the Secre- 
tary and the Special Representative. The decisions will be executed by the 
Director of the Servicio in accordance with standards approved by the Sec- 
retary. The Dominican Educators who will be sent to the United States of 
America, shall be mutually agreed upon by the Secretary and the Special 



1 See Report of the Delegation of the United States of America to the Inter-American 
Conference on Problems of War and Peace, Mexico City, Mexico, February 21-March 8, 
1945 (U.S. Government Printing Office, 1946), p. 129. 



EDUCATION PROGRAM— OCTOBER 13, 1945 283 

Representative, who will agree to the conditions of the Scholarships and the 
terms of their grants. 

"5. The Foundation shall determine and pay the salaries and other ex- 
penses payable directly to members of the Field Staff, as well as such other 
expenses of an administrative nature, as the Foundation may incur in con- 
nection with the inauguration and administration of the program in a total 
amount not to exceed $37,500, U. S. C, which it will retain in the United 
States and shall in addition deposit in a Bank of the Dominican Republic 
mutually agreed upon by the Secretary and the Special Representative of the 
Foundation, to the account of the Servicio an amount not to exceed $37,500, 

u. s. c. 

"The Republic shall deposit in the same Bank and to the account of the 
Servicio the sum of $75,000, U. S. C, which deposit by the Republic shall be 
in addition to the Government's regular budget for education. The payments 
of the deposits shall be made by the Republic and the Foundation on the 
following dates and in the amounts specified : 







Dominican 




Foundation 


Republic 


November 1, 1945 


$12, 500 


$25, 000 


November 1, 1946 


$12,500 


$25, 000 


November 1, 1947 


$12, 500 


$25, 000 


Total to be deposited 


$37, 500 


$75, 000 


Salaries, travel and administrative expenses to be paid in 






connection with the personnel from the United States 


$37, 500 




Total 


$75, 000 


$75, 000 



"The funds deposited by either party for any particular year are not to be 
drawn against until the funds for the same year are deposited by the other 
party. 

"6. Inasmuch as the program funds will be used entirely for the benefit 
of the Cooperative Educational Program, the funds introduced into the 
Dominican Republic by the Foundation for the purpose of the cooperative 
program shall be exempt from taxes, service charges, investment or deposit 
requirements, and other currency controls. 

"7. In view of the fact that many purchases of materials and supplies and 
other disbursements relating to the execution of the Program, must necessarily 
be made in the United States of America, the Secretary and the Special 
Representative of the Foundation may agree to withhold from the payments 
to be made by the Foundation into the said Servicio Bank account, as pro- 
vided in the preceding articles of this agreement, an amount deemed necessary 
to pay for such purchases and disbursements in the United States of America. 
Said amount shall be considered as if deposited under the terms of this agree- 
ment. Any funds so withheld by the Foundation for such purposes and not 
expended or obligated therefor shall be deposited in the said Servicio Bank 
account at any time upon the mutual agreement of the Secretary and the 
Special Representative of the Foundation. 

269-333^71 20 



284 DOMINICAN REPUBLIC 

"8. All contracts necessary to carry out the terms of the projects mutually 
agreed to as herein provided shall be made in the name of the Servicio and 
shall be signed by the Secretary and the Director of the Servicio. Personnel to 
be paid out of the Program funds deposited in the Dominican Republic shall 
be selected by the Director of the Servicio, subject to the approval of the 
Secretary. The general policies, programs, and procedures for the execution 
of the Cooperative Educational Program and for the disbursement and ac- 
counting of funds, for the purchase, use, inventory, control and disposition of 
property, and any other administrative matters, shall be determined or estab- 
lished by mutual agreement between the Secretary and the Special Repre- 
sentative of the Foundation. No disbursement from the said Servicio bank 
account may be made without the signed authorization of the Director of the 
Servicio or his delegate and of the Secretary or his delegate. The books and 
records of the Servicio relating to the said cooperative educational program 
shall be open at all times for inspection by representatives of the Republic 
and of the Foundation, and the Director of the Servicio shall render financial 
reports to the Republic and to the Foundation at such intervals as may be 
agreed upon between the Secretary and the Special Representative of the 
Foundation. 

"9. The Foundation shall use its best efforts to obtain such assistance and 
cooperation of the Office of Inter-American Affairs and other Agencies, both 
public and private, in the United States, as may be appropriate for the execu- 
tion of the said cooperative educational program. The Republic, in addition 
to its cash contribution as provided herein, shall (a) appoint specialists, in 
agreement with the Director of the Servicio, to collaborate with the Field 
Staff of the Foundation; (b) make available office space, furnishings and such 
other facilities, materials, equipment and supplies as it may conveniently 
provide for the said program; and (c) lend the general assistance thereto of 
the other Departments of the Republic. 

"10. The funds payable by the Foundation under this agreement or paid 
by the parties hereto into the said Servico bank account shall continue to be 
available for the said cooperative educational program during the existence 
of this agreement, without regard to annual periods or fiscal years. 

"In the event that upon the expiration of each twelve month period of 
this agreement, and again six months before its final expiration, the Founda- 
tion deems that the funds which it has set aside for the payment of salaries and 
other expenses directly payable to members of the Field Staff, as provided in 
Clause 5 hereof, will be more than is needed for the purpose, the Foundation 
will thereupon advise the Republic of the surplus which it can accordingly 
make available for projects and such additional sum shall be paid into the 
Servicio bank account or be otherwise disposed of pursuant to this agreement. 

"The Secretary and the Special Representative of the Foundation shall 
determine by mutual agreement the disposition of any unobligated funds and 



EDUCATION PROGRAM— OCTOBER 13, 1945 285 

of any other property remaining in the control of the Servicio upon the 
termination of this agreement. 

"11. All rights and privileges which are enjoyed by governmental and 
official divisions or agencies of the Republic shall accrue to the Servicio. Such 
rights and privileges shall include, for example, free postal, telegraph and 
telephone service, special government rates on transportation companies, 
and also freedom and immunity from all types of taxes, (stamp tax, income 
tax, etc.) as well as from consular charges and customs duties upon imports 
for the use of the Servicio in the cooperative educational program. The Foun- 
dation shall enjoy the same rights and exemptions with respect to its acts and 
property relating to the cooperative program. 

"12. All materials, equipment, and supplies purchased with program 
funds shall become and remain the property of the Republic and shall be 
devoted to the program. 

"13. Any right, power, or duty conferred by this agreement upon either 
the Secretary, the Special Representative of the Foundation, or the Director 
of the Servicio, may be delegated by the recipient thereof to representatives 
in writing, provided that such representatives are satisfactory to the other 
parties. Regardless of the naming of said representatives, the Secretary and 
the Special Representative of the Foundation shall have the right to refer 
any matter directly each to the other for discussion and decision. 

"14. The personnel of the Foundation, who are citizens of the United 
States of America, engaged in carrying out the said cooperative educational 
program, shall be exempt in the Dominican Republic from all taxes and 
social security taxes with respect to income on which they are obligated to 
pay income or social security taxes to the Government of the United States 
of America. Such employees shall also be exempt from payment of customs 
or other duties on their personal effects and on equipment and supplies 
imported or exported for their own use. 

"15. This agreement may be amended from time to time if deemed 
advisable by the parties hereto, such amendments to be in writing and signed 
by the representatives of the Republic and the Foundation. 

"16. The Executive Power of the Republic will take the necessary steps 
to obtain legislation, decrees, orders or resolutions necessary to carry out the 
terms of this agreement. 

"17. This agreement shall be in force upon the completion of an ex- 
change of notes between the Secretary of State for Foreign Affairs and the 
American Ambassador, until June 30, 1948, and may be extended by mutual 
agreement for additional periods. This agreement may be terminated on 
October 31, 1946, or October 31, 1947, by notice in writing to that effect 
being given by either party to the other not less than one year prior to either 
of said dates. 



286 DOMINICAN REPUBLIC 

"In witness whereof, the parties hereto sign this agreement, two orig- 
inals in Spanish and two originals in English, in Ciudad Trujillo on the 3rd 
day of October 1945. (Signed) : For the Dominican Republic, Telesforo R. 
Calderon, Secretary of State for Education and Fine Arts; (Signed) : For 
the Inter-American Educational I oundation, Mr. Kenneth Holland, 
President." 

The present note relative to the agreement transcribed above and Your 
Excellency's reply in a like sense will make the said agreement effective in 
accordance with article 17. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

M. Pena Batlle 

His Excellency, 

Joseph F. McGurk, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America, 
The Embassy. 



The American Ambassador to the Secretary of State for Foreign Affairs 

Embassy of the 
United States of America 
no. 192 Ciudad Trujillo, R. D., October 13, 1945 

Excellency : 

I have the honor to acknowledge the receipt of Your Excellency's note of 
October 13, 1945, transmitting the text of the Cooperative Educational 
Agreement signed by Sefior T. R. Calderon, Secretary of State for Educa- 
tion and Fine Arts, and Mr. Kenneth Holland, President of the Inter- 
American Educational Foundation on October 3. 

The text of the Agreement, as transmitted in Your Excellency's note under 
reference, is entirely acceptable to my Government. 

As stipulated in Article 17, the Agreement is to be effective upon the 
completion of the present exchange of notes. 

Please accept, Excellency, the renewed assurances of my highest 
consideration. 



J. F. McGurk 



His Excellency 

Lie. M. A. Pena Batlle, 

Secretary of State for Foreign Affairs, 
Ciudad Trujillo, R.D. 



SPECIAL TARIFF POSITION OF PHILIPPINES 

Exchange of notes at Washington May 4 and October 7, 1946 
Entered into force October 7 , 1946 
Terminated May 19, 1950 1 

61 Stat. 2441 ; Treaties and Other 
International Acts Series 1572 

The Acting Secretary of State to the Dominican Charge d' Affaires ad interim 

Department of State 

Washington 

May 4 1966 
Sir: 

With reference to the forthcoming independence of the Philippines on 
July 4, 1946, my Government considers that provision for a transitional 
period for dealing with the special tariff position which Philippine products 
have occupied for many years in the United States is an essential accompani- 
ment to Philippine independence. Accordingly, under the Philippine Trade 
Act approved April 30, 1946, 2 goods the growth, produce or manufacture 
of the Philippines will enter the United States free of duty until 1954, after 
which they will be subject to gradually and regularly increasing rates of 
duty or decreasing duty-free quotas until 1974 when general rates will become 
applicable and all preferences will be completely eliminated. 

Since the enactment of the Philippine Independence Act approved March 
24, 1934, 3 my Government has foreseen the probable necessity of providing 
for such a transitional period and has since then consistently excepted from 
most-favored-nation obligations which it has undertaken toward foreign 
governments advantages which it might continue to accord to Philippine 
products after the proclamation of Philippine independence. Some thirty 
instruments in force with other governments, for example, permit the con- 
tinuation of the exceptional tariff treatment now accorded by my Govern- 
ment to Philippine products, irrespective of the forthcoming change in the 
Commonwealth's political status. 



1 Date on which the Dominican Republic became a contracting party to the General 
Agreement on Tariffs and Trade (TIAS 1700, ante, vol. 4, p. 641 ) . 
2 60 Stat. 141. 
" 48 Stat. 456. 

287 



288 DOMINICAN REPUBLIC 

With a view, therefore, to placing the relations between the United States 
and the Dominican Republic upon the same basis, with respect to the mat- 
ters involved, as the relations existing under the treaties and agreements 
referred to in the preceding paragraph, I have the honor to propose that 
the provisions of the Agreement between the United States and the Dominican 
Republic effected by an exchange of notes signed September 25, 1924,' shall 
not be understood to require the extension to the Dominican Republic of 
advantages accorded by the United States to the Philippines. 

In view of the imminence of the inauguration of an independent Philip- 
pine Government, I should be glad to have the reply of your Government 
to this proposal at an early date. 

Accept, Sir, the renewed assurances of my highest consideration. 

Dean Acheson 
Acting Secretary of State 

The Honorable 

Senor Dr. Don J. R. Rodriguez, 
Charge a" Affaires ad interim 

of the Dominican Republic. 



The Dominican Ambassador to the Acting Secretary of State 

[translation] 

Embassy of the Dominican Republic 

Washington 
October 7, 1946 

Mr. Secretary: 

I have the honor to refer to Your Excellency's note of the 4th of May of 
the present year, and to inform Your Excellency, in conformity with instruc- 
tions that I have received to that effect, that the Dominican Government 
agrees that the provisions of the Agreement between the United States and 
the Dominican Republic, effected by an exchange of notes signed the 25th 
of September 1924, shall not be understood to imply the extension to the 
Dominican Republic of the advantages accorded by the United States to 
the Philippines. 

Accept, Mr. Secretary, the renewed assurances of my highest consideration. 

Emilio G. Godoy 
His Excellency Dean Acheson, 
Acting Secretary of State 

of the United States of America, 
Washington, D.C. 



4 TS 700, ante, p. 216. 



AIR TRANSPORT SERVICES 

Agreement signed at Ciudad Trujillo July 19, 1949, with annex and 

exchange of notes 
Entered into force July 19, 1949 

63 Stat. 2615; Treaties and Other 
International Acts Series 1955 

Air Transport Agreement Between the Government of the United 
States of America and the Government of the Dominican Republic 

Having in mind the resolution signed under date of December 7, 1944, at 
the International Civil Aviation Conference in Chicago, for the adoption of 
a standard form of agreement for air routes and services, and the desirability 
of mutually stimulating and promoting the further development of air trans- 
portation between the United States of America and the Dominican Re- 
public, the two Governments parties to this arrangement agree that the 
establishment and development of air transport services between their respec- 
tive territories shall be governed by the following provisions: 

Article 1 

Each contracting party grants to the other contracting party the rights 
as specified in the Annex hereto necessary for establishing the international 
civil air routes and services therein described, whether such services be inaugu- 
rated immediately or at a later date at the option of the contracting party 
to whom the rights are granted. 

Article 2 

a) Each of the air services so described shall be placed in operation as 
soon as the contracting party to whom the rights have been granted by Arti- 
cle 1 to designate an airline or airlines for the route concerned has authorized 
an airline for such route, and contracting party granting the rights shall, 
subject to Article 6 hereof, be bound to give the appropriate operating per- 
mission to the airline or airlines concerned; provided that the airlines so 
designated may be required to qualify before the competent aeronautical au- 
thorities of the contracting party granting the rights under the laws and 
regulations normally applied by these authorities before being permitted to 
engage in the operations contemplated by this agreement; and provided that 

289 



290 DOMINICAN REPUBLIC 

in areas of hostilities or of military occupation, or in areas affected thereby, 
such inauguration shall be subject to the approval of the competent military 
authorities. 

Article 3 

In order to prevent discriminatory practices and to assure equality of treat- 
ment, both contracting parties agree that : 

a) Each of the contracting parties may impose or permit to be imposed 
just and reasonable charges for the use of public airports and other facilities 
under its control. Each of the contracting parties agrees, however, that these 
charges shall not be higher than would be paid for the use of such airports 
and facilities by its national aircraft engaged in similar international services. 

b) Fuel, lubricating oils and spare parts introduced into the territory of 
one contracting party by the other contracting party or its nationals, and 
intended solely for use by aircraft of the airlines of such contracting party 
shall, with respect to the imposition of customs duties, inspection fees or 
other national duties or charges by the contracting party whose territory is 
entered, be accorded the same treatment as that applying to national airlines 
and to airlines of the most-favored-nation. 

c) The fuel, lubricating oils, spare parts, regular equipment and aircraft 
stores retained on board civil aircraft of the airlines of one contracting party 
authorized to operate the routes and services described in the Annex shall, 
upon arriving in or leaving the territory of the other contracting party, be 
exempt from customs, inspection fees or similar duties or charges, even though 
such supplies be used or consumed by such aircraft on nights in that territory. 

Article 4 

Certificates of airworthiness, certificates of competency and licenses issued 
or rendered valid by one contracting party and still in force shall be recognized 
as valid by the other contracting party for the purpose of operating the routes 
and services described in the Annex. Each contracting party reserves the right, 
however, to refuse to recognize, for the purpose of flight above its own terri- 
tory, certificates of competency and licenses granted to its own nationals by 
another State. 

Article 5 

a) The laws and regulations of one contracting party relating to the ad- 
mission to or departure from its territory of aircraft engaged in international 
air navigation, or to the operation and navigation of such aircraft while within 
its territory, shall be applied to the aircraft of the other contracting party, 
and shall be complied with by such aircraft upon entering or departing from 
or while within the territory of the first party. 

b) The laws and regulations of one contracting party as to the admission 
to or departure from its territory of passengers, crew, or cargo of aircraft, 



AIR TRANSPORT SERVICES— JULY 19, 1949 291 

such as regulations relating to entry, clearance, immigration, passports, cus- 
toms, and quarantine shall be complied with by or on behalf of such passen- 
gers, crew or cargo of the airlines designated by the other contracting party 
upon entrance into or departure from, or while within the territory of the 
first party. 

Article 6 

Each contracting party reserves the right to withhold or revoke a certificate 
or permit of any airline designated by the other contracting party in the event 
it is not satisfied that substantial ownership and effective control of such airline 
are vested in nationals of the other contracting party, or in case of failure by 
the airline designated by the other contracting party to comply with the laws 
and regulations of the contracting party over whose territory it operates as 
described in Article Five hereof, or otherwise to fulfill the conditions under 
which the rights are granted in accordance with this agreement and its Annex. 

Article 7 

This agreement and all contracts connected therewith shall be registered 
with the International Civil Aviation Organization. 

Article 8 

Existing rights and privileges relating to air transport services which may 
have been granted previously by either of the contracting parties to an airline 
of the other contracting party shall continue in force according to their terms. 

Article 9 

Either of the contracting parties may at any time notify the other of its 
intention to terminate the present agreement. Such a notice shall be sent 
simultaneously to the International Civil Aviation Organization. In the event 
such communication is made, this agreement shall terminate six ( 6 ) months 
after the date of receipt of the notice to terminate, unless by agreement be- 
tween the contracting parties the communication under reference is with- 
drawn before the expiration of that time. If the other contracting party fails 
to acknowledge receipt, notice shall be deemed as having been received 14 
days after its receipt by the International Civil Aviation Organization. 

Article 10 

In the event either of the contracting parties considers it desirable to 
modify the routes or conditions set forth in the attached Annex, it may request 
consultation between the competent authorities of both contracting parties, 
such consultation to begin within a period of sixty days from the date of the 
request. When these authorities mutually agree on new or revised conditions 
affecting the Annex, their recommendations on the matter will come into 
effect after they have been confirmed by an exchange of diplomatic notes. 



292 DOMINICAN REPUBLIC 

Article 1 1 

Except as otherwise provided in this agreement or its Annex, any dispute 
between the contracting parties relative to the interpretation or application 
of this agreement or its Annex, which cannot be settled through consultation, 
shall be submitted for an advisory report to a tribunal of three arbitrators, 
one to be named by each contracting part}', and the third to be agreed upon 
by the two arbitrators so chosen, provided that such third arbitrator shall not 
be a national of either contracting party. Each of the contracting parties shall 
designate an arbitrator within two months of the date of delivery by either 
party to the other party of a diplomatic note requesting arbitration of a dis- 
pute; and the third arbitrator shall be agreed upon within one month after 
such period of two months. If the third arbitrator is not agreed upon, within 
the time limitation indicated, the vacancy thereby created shall be filled by the 
appointment of a person, designated by the President of the Council of In- 
ternational Civil Aviation Organization from a panel of arbitral personnel 
maintained in accordance with the practice of International Civil Aviation 
Organization. The executive authorities of the contracting parties will use 
their best efforts under the powers available to them to put into effect the 
opinion expressed in any such advisory report. A moiety of the expenses of 
the arbitral tribunal shall be borne by each party. 

Article 1 2 

This agreement, including the provisions of the Annex thereto, will come 
into force on the day it is signed. 

In witness whereof, the undersigned, being duly authorized by their re- 
spective Governments, have signed the present agreement. 

Done at Ciudad Trujillo this nineteenth day of July 1949, in duplicate 
in the English and Spanish languages, each of which shall be of equal 
authenticity. 

Ralph H. Ackerman [seal] 

V. D. Ordonez [seal] 

ANNEX TO AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE 
UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE DOMINICAN 

REPUBLIC 

1 . Airlines of the United States authorized under the present agreement 
are accorded rights of transit and nontraffic stop in the Dominican Republic, 
as well as the right to pick up and discharge international traffic in passengers, 
cargo and mail at Ciudad Trujillo, over various routes in both directions from 
the United States to the Dominican Republic and beyond to Caribbean and 
South American points. 



AIR TRANSPORT SERVICES— JULY 19, 1949 293 

2. Airlines of the Dominican Republic are accorded rights of transit and 
nontraffic stop in the territory of the United States of America, as well as the 
right to pick up and discharge international traffic in passengers, cargo, and 
mail on the following routes, or via intermediate points, and in both 
directions : 

( 1 ) : The Dominican Republic to Miami. 

( 2 ) : The Dominican Republic to San Juan, Puerto Rico. 

3. It is agreed between the contracting parties: 

A. The air carriers of the two contracting parties operating on routes 
described in the Annex of said Agreement shall enjoy fair and equal oppor- 
tunity for the operation of the said routes. 

B. That the air transport capacity offered by the carriers of both coun- 
tries should bear a close relationship to traffic requirements. 

C. That in the operation of common sections of trunk routes the air car- 
riers of the contracting parties should take into account their reciprocal in- 
terests so as not to affect unduly their respective services. 

D. That the services provided by a designated air carrier under this 
agreement and its Annex shall retain as their primary objective the provision 
of capacity adequate to the traffic demands between the country of which 
such air carrier is a national and the country of ultimate destination of the 
traffic. 

E. That the right to embark and to disembark at points in the territory 
of the other country international traffic destined for or coming from third 
countries at a point or points specified in this Annex, shall be applied in ac- 
cordance with the general principles of orderly development to which both 
Governments subscribe and shall be subject to the general principle that 
capacity shall be related: 

( 1 ) To traffic requirements between the country of origin and the coun- 
tries of destination; 

(2) To the requirements of through airline operation, and 

(3) To the traffic requirements of the area through which the airline 
passes after taking account of local and regional services. 

4. Changes made by either contracting party in the routes provided for 
above, except those which change the points served by these airlines in the 
territory of the other contracting party, shall not be considered as modifica- 
tions of the Annex. The aeronautical authorities of either contracting party 
may therefore proceed unilaterally to make such changes, provided, however, 
that notice of any change is given without delay to the aeronautical authorities 
of the other contracting party. 

If such other aeronautical authorities find that, having regard to the prin- 
ciples set forth in Section 3 of the present Annex, interests of their air carrier 



294 DOMINICAN REPUBLIC 

or carriers are prejudiced by the carriage by the air carrier or carriers of the 
first contracting party of traffic between the territory of the second contracting 
party and the new point in the territory of the third country, the authorities of 
the two contracting parties shall consult with a view to arrive at a satisfactory 
agreement. 

Points on any of the specified routes may at the option of the designated 
airlines be omitted on any or all flights. Air services operated on each of the 
air routes specified may be operated via intermediate points and in both 
directions. 

Exchange of Notes 
The American Ambassador to the Secretary of State for Foreign Affairs 
no. 360 Ciudad Trujillo, D. R., July 19, 1949 

Excellency: 

I have the honor to refer to the description of routes to be operated by 
United States airlines in paragraph 1 of the annex to the air transport agree- 
ment signed today by the Government of the United States of America and 
the Government of the Dominican Republic, and to inform Your Excellency 
that it is the understanding of my Government that the words "from the 
United States" shall be construed to include any and all territory under the 
jurisdiction of the United States. 

Please accept, Excellency, the assurances of my highest and most dis- 
tinguished consideration. 



Ralph H. Ackerman 



His Excellency 

Lie. Virgilio Diaz Ordonez, 

Secretary of State for Foreign Affairs, 
Ciudad Trujillo. 



The Secretary of State for Foreign Affairs to the American Ambassador 

[translation] 

dominican republic 

department op state 

for foreign relations 

Ciudad Trujillo 

District of Santo Domingo 
215S9 hfy 19, 1949 

Excellency: 

I have the honor to acknowledge to Your Excellency receipt of the courte- 
ous note No. 360, dated today, and, with reference to the description of 
routes to be operated by United States airlines in paragraph 1 of the annex 



AIR TRANSPORT SERVICES— JULY 19, 1949 295 

to the air transport agreement signed today by the Government of the Domin- 
ican Republic and the Government of the United States of America, to 
inform Your Excellency that it is the understanding of my Government that 
the words "from the United States" shall be construed to include any and 
all territory under the jurisdiction of the United States. 

Please accept, Excellency, the assurances of my highest and most distin- 
guished consideration. 

V. D. Ordonez 

His Excellency 

Ralph H. Ackerman, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America, 
Ciudad Trujillo. 



Ecuador 



PEACE, FRIENDSHIP, NAVIGATION, 
AND COMMERCE 

Treaty signed at Quito June 13, 1839 
Senate advice and consent to ratification July 15, 1840 
Ratified by the President of the United States July 31, 1840 
Ratified by Ecuador February 19, 1842 
Ratifications exchanged at Quito April 9, 1842 
Entered into force April 9, 1842 

Proclaimed by the President of the United States September 23, 1842 
Provisions relating to commerce and navigation terminated August 25, 
1892 ' 

8 Stat. 534; Treaty Series 76 2 

Treaty of Peace, Friendship, Navigation and Commerce, Between 
the United States of America and the Republic of Ecuador 

The United States of America and the Republic of Ecuador, desiring to 
make lasting and firm, the friendship and good understanding which happily 
prevails between both nations, have resolved to fix, in a manner, clear, dis- 
tinct and positive, the rules which shall, in future, be religiously observed 
between the one and the other, by means of a treaty of friendship, commerce 
and navigation. For this most desirable object, the President of the United 
States of America, has conferred full powers on James C. Pickett, a citizen 
of the said States, and the President of the Republic of Ecuador, on Doctor 
Luis de Saa, Minister of Finance, charged with the Department of the 
Interior and Foreign Relations ; who, after having exchanged their said full 
powers, in due and proper form, have agreed to the following articles: 



1 Pursuant to notice of termination by Ecuador dated July 17, 1891. 

2 For a detailed study of this treaty, see 4 Miller 207. 



296 



NAVIGATION AND COMMERCE— JUNE 13, 1839 297 

Article 1 

There shall be a perfect, firm and inviolable peace and sincere friendship, 
between the United States of America and the Republic of Ecuador, in all 
the extent of their possessions and territories, and between their people and 
citizens, respectively, without distinction of persons or places. 

Article 2 

The United States of America and the Republic of Ecuador, desiring to 
live in peace and harmony with all the other nations of the earth, by means 
of a policy, frank and equally friendly with all, engage mutually, not to grant 
any particular favor to other nations, in respect of commerce and navigation, 
which shall not immediately become common to the other party, who shall 
enjoy the same freely, if the concession was freely made, or, on allowing the 
same compensation, if the concession was conditional. 

Article 3 

The two high contracting parties, being likewise desirous of placing the 
commerce and navigation of their respective countries on the liberal basis of 
perfect equality and reciprocity, mutually agree, that the citizens of each, 
may frequent all the coasts and countries of the other, and reside and trade 
there, in all kinds of produce, manufactures and merchandise; and they shall 
enjoy all the rights, privileges and exemptions, in navigation and commerce, 
which native citizens do, or shall enjoy, submitting themselves to the laws, 
decrees and usages there established, to which native citizens are subjected : 
but it is understood, that this article does not include the coasting trade of 
either country, the regulation of which is reserved, by the parties respectively, 
according to their own separate laws. And it is further agreed, that this article 
shall be subject to the following modification; that whereas by a law of 
Ecuador of March 21st. 1837, vessels built in the dockyard of Guayaquil, 
shall be exempted from various charges, therefore, vessels of the United States 
cannot claim this privilege, but shall enjoy it if it should be granted to vessels 
belonging to Spain, or to Mexico and to the other Hispano-American 
Republics. 

Article 4 

They likewise agree, that whatever kind of produce, manufactures or mer- 
chandise of any foreign country can be, from time to time, lawfully imported 
into the United States, in their own vessels, may be also imported in the 
vessels of the Republic of Ecuador; and that no higher or other duties upon 
the tonnage of the vessel and her cargo, shall be levied and collected, whether 
the importation be made in the vessels of the one country or of the other: 
and, in like manner, that whatever kind of produce, manufactures or mer- 
chandise of any foreign country, can be, from time to time, lawfully imported 



298 ECUADOR 

into the Republic of Ecuador in its own vessels, may be also imported in 
vessels of the United States; and that no higher or other duties upon the 
tonnage of the vessel and her cargo, shall be levied or collected, whether the 
importation be made in vessels of the one country or of the other. And they 
agree, that whatever may be lawfully exported or re-exported from the one 
country in its own vessels, to any foreign country, may, in like manner, be 
exported or re-exported in the vessels of the other country. And the same 
bounties, duties and drawbacks shall be allowed and collected, whether such 
exportation, or re-exportation be made in vessels of the United States, or of 
the Republic of Ecuador. 

Article 5 

For the better understanding of the preceding article, and taking into 
consideration, the actual state of the commercial marine of Ecuador, it has 
been stipulated and agreed, that all vessels belonging exclusively to a citizen 
or citizens of said Republic, and whose captain is also a citizen of the same, 
though the construction or the crew are, or may be foreign, shall be considered 
for all the objects of this treaty, as an Ecuadorian vessel. 

Article 6 

No higher or other duties shall be imposed on the importation into the 
United States, of any articles, the produce or manufactures of the Republic 
of Ecuador; and no higher or other duties shall be imposed on the importa- 
tion into the Republic of Ecuador, of any articles the produce or manufac- 
tures of the United States, than are, or shall be payable on the like articles, 
being the produce or manufactures of any other foreign country; nor shall 
any higher or other duties or charges be imposed in either of the two coun- 
tries, on the exportation of any articles to the United States or to the Republic 
of Ecuador, respectively, than such as are payable on the exportation of the 
like articles to any other foreign country ; nor shall any prohibition be imposed 
on the exportation or importation of any articles the produce or manufactures 
of the United States or of the Republic of Ecuador, to or from the territories 
of the United States, or to or from the territories of the Republic of Ecuador, 
which shall not equally extend to all other nations. 

Article 7 

It is likewise agreed, that it shall be wholly free for all merchants, com- 
manders of ships and other citizens of both countries, to manage themselves, 
their own business, in all the ports and places subject to the jurisdiction of 
each other, as well with respect to the consignment and sale of their goods and 
merchandise by wholesale or retail, as with respect to the loading, unloading 
and sending off their ships; they being in all these cases to be treated as citizens 
of the country in which they reside, or, at least, to be placed on a footing with 
the subjects or citizens of the most favored nation. They shall be subject, how- 



NAVIGATION AND COMMERCE— JUNE 13, 1839 299 

ever, to such general taxes and contributions, as are, or may be established 
by law. 

Article 8 

The citizens of neither of the contracting parties, shall be liable to any 
embargo, nor be detained with their vessels, cargoes, merchandises, or effects 
for any military expedition, nor for any public or private purpose whatever, 
without allowing to those interested, a sufficient indemnification. 

Article 9 

Whenever the citizens of either of the contracting parties, shall be forced 
to seek refuge or asylum, in the rivers, bays, ports or dominions of the other, 
with their vessels, whether merchant or of war, public or private, through 
stress of weather, pursuit of pirates or enemies, they shall be received and 
treated with humanity; giving to them all favor and protection for repairing 
their ships, procuring provisions, and placing themselves in a situation to con- 
tinue their voyage, without obstacle or hindrance of any kind. 

Article 10 

All the ships, merchandise, and the effects belonging to the citizens of one 
of the contracting parties, which may be captured by pirates, whether within 
the limits of its jurisdiction or on the high seas, and may be carried or found 
in the rivers, roads, bays, ports or dominions of the other, shall be delivered 
up to the owners, they proving, in due and proper form, their rights, before 
the competent tribunals; it being well understood, that the claim should be 
made within the term of one year, by the parties themselves, their attorneys, or 
agents of their respective governments. 

Article 11 

When any vessels belonging to the citizens of either of the contracting par- 
ties, shall be wrecked, foundered, or shall suffer any damage on the coasts or 
within the dominions of the other, there shall be given to them, all assistance 
and protection in the same manner which is usual and customary with the 
vessels of the nation where the damage happens, permitting them to unload 
the said vessel, if necessary of its merchandise and effects, without exacting 
for it, any duty, impost, or contribution whatever, unless they be destined for 
consumption. 

Article 12 

The citizens of each of the contracting parties shall have power to dispose 
of their personal goods within the jurisdiction of the other, by sale, donation, 
testament or otherwise, and their representatives, being citizens of the other 
party, shall succeed to their said personal goods, whether by testament or ab 
intestato, and they may take possession thereof, either by themselves or by 



300 ECUADOR 

others acting for them, and dispose of the same at their will, paying such 
duties only, as the inhabitants of the country wherein the said goods are, shall 
be subject to pay in like cases. And if in the case of real estate, the said heirs 
would be prevented from entering into the possession of the inheritance on 
account of their character of aliens, there shall be granted to them, the term 
of three years, to dispose of the same as they may think proper, and to with- 
draw the proceeds without molestation, nor any other charges than those 
which are imposed by the laws of the country. 

Article 13 

Both the contracting parties promise and engage, formally, to give their 
special protection to the persons and property of the citizens of each other, 
of all occupations, who may be in the territories subject to the jurisdiction 
of the one or the other, transient or dwelling therein, leaving open and free 
to them, the tribunals of justice, for their judicial recourse, on the same terms 
which are usual and customary with the natives or citizens of the country, in 
which they may be ; for which they may employ in defence of their rights, such 
advocates, solicitors, notaries, agents and factors, as they may judge proper, 
in all their trials at law; and such citizens or agents shall have free oppor- 
tunity to be present at the decisions and sentences of the tribunals, in all cases 
which may concern them; and likewise at the taking of all examinations and 
evidence which may be exhibited on the said trials. 

Article 14 

It is likewise agreed that the most perfect and entire security of conscience 
may be enjoyed by the citizens of both the contracting parties, in the countries 
subject to the jurisdiction of the one & the other, without their being liable to 
be disturbed or molested on account of their religious belief, so long as they re- 
spect the laws and established usages of the country. Moreover, the bodies of 
the citizens of one of the contracting parties, who may die in the territories of 
the other, shall be buried in the usual burying grounds, or in other decent or 
suitable places, and shall be protected from violation or disturbance. 

Article 15 

It shall be lawful for the citizens of the United States of America and of the 
Republic of Ecuador, to sail with their ships, with all manner of liberty and 
security, no distinction being made who are the proprietors of the merchan- 
dises laden thereon, from any port, to the places of those who now are, or 
hereafter shall be at enmity with either of the contracting parties. It shall 
likewise be lawful, for the citizens aforesaid, to sail with their ships and mer- 
chandises before mentioned, and to trade with the same liberty and security 
from the places, ports and havens of those who are enemies of both, or either 
party, without any opposition or disturbance whatsoever; not only directly 



NAVIGATION AND COMMERCE— JUNE 13, 1839 301 

from the places of the enemy before mentioned, to neutral places, but also 
from one place belonging to an enemy, to another place belonging to an 
enemy, whether they be under the jurisdiction of one power, or under several. 
And it is hereby stipulated, that free ships shall also give freedom to goods, 
and that every thing shall be deemed free and exempt, which shall be found 
on board the ships belonging to the citizens of either of the contracting parties, 
although the whole lading, or any part thereof, should appertain to the ene- 
mies of either; contraband goods being always excepted. It is also agreed in 
like manner, that the same liberty shall be extended to persons who are on 
board a free ship, with this effect, that, although they may be enemies to 
both, or either party, they are not to be taken out of that free ship, unless they 
are officers or soldiers, and in the actual service of the enemies. Provided how- 
ever, and it is hereby agreed that the stipulations in this article contained, de- 
claring that the flag shall cover the property, shall be understood as applying 
to those powers only, who recognize this principle; but if either of the two 
contracting parties shall be at war with a third, and the other neutral, the 
flag of the neutral shall cover the property of enemies, whose governments 
acknowledge this principle, and not of others. 

Article 16 

It is likewise agreed that in the case where the neutral flag of one of the 
contracting parties shall protect the property of the enemies of the other, 
by virtue of the above stipulations, it shall always be understood, that the 
neutral property found on board such enemy's vessels, shall be held and con- 
sidered as enemy's property, and as such, shall be liable to detention and con- 
fiscation; except such property as was put on board such vessel before the 
declaration of war, or even afterwards, if it were done without the knowledge 
of it : but the contracting parties agree, that six months having elapsed after 
the declaration, their citizens shall not plead ignorance thereof. On the con- 
trary, if the flag of the neutral does not protect the enemy's property, in that 
case, the goods & merchandises of the neutral, embarked in such enemy's 
ship, shall be free. 

Article 1 7 

This liberty of navigation and commerce, shall extend to all kinds of mer- 
chandise, excepting those only, which are distinguished by the name of con- 
traband : and under this name of contraband or prohibited goods, shall be 
comprehended: 

1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, fusees, 
rifles, carbines, pistols, pikes, swords, sabres, lances, spears, halberds, and 
grenades; bombs, powder, matches, balls, and all other things belongim; to 
the use of these arms. 

2nd. Bucklers, helmets, breastplates, coats of mail, infantrybelts, and 
clothes made up in military form and for military use. 



302 ECUADOR 

3rd. Cavalry belts, and horses with their furniture. 

4th. And generally, all kinds of arms and instruments of iron, steel, brass, 
and copper, or of any other materials, manufactured, prepared and formed 
expressly to make war, by sea or land. 

Article 18 

All other merchandises and things, not comprehended in the articles of 
contraband explicitly enumerated and classified as above, shall be held and 
considered as free, and subjects of free and lawful commerce, so that they 
may be carried and transported in the freest manner, by the citizens of both 
the contracting parties, even to places belonging to an enemy; excepting only, 
those places, which are, at that time, besieged or blockaded : and to avoid 
all doubt in this particular, it is declared that those places only are besieged 
or blockaded which are actually attacked by a belligerant force capable of 
preventing the entry of a neutral. 

Article 19 

The articles of contraband before enumerated and classified, which may 
be found in a vessel bound for an enemy's port, shall be subject to detention 
and confiscation, leaving free the rest of the cargo and the ship, that the 
owners may dispose of them as they may see proper. No vessel of either of the 
two nations shall be detained on the high seas, on account of having on 
board, articles of contraband, whenever the master, captain or supercargo 
of said vessel, will deliver up the articles of contraband to the captor, unless 
the quantity of such articles be so great or of so large a bulk, that they 
cannot be received on board the capturing ship, without great inconvenience; 
but in this and in all other cases of just detention, the vessel detained shall 
be sent to the nearest convenient and safe port, for trial and judgment ac- 
cording to law. 

Article 20 

And whereas it frequently happens, that vessels sail for a port or places 
belonging to an enemy, without knowing that the same is besieged, block- 
aded or invested, it is agreed that every vessel so circumstanced, may be 
turned away from such port or place, but shall not be detained, nor shall any 
part of her cargo, if not contraband, be confiscated; unless after warning 
of such blockade or investment, from any officer commanding a vessel of the 
blockading forces, they shall again attempt to enter; but she shall be per- 
mitted to go to any other port or place, she shall think proper. Nor shall any 
vessel of either, that may have entered into such port before the same was 
actually besieged, blockaded or invested by the other, be restrained from 
quitting such place with her cargo ; nor, if found therein, after the reduction 
and surrender, shall such vessel or her cargo be liable to confiscation, but 
they shall be restored to the owners thereof. 



NAVIGATION AND COMMERCE— JUNE 13, 1839 303 

Article 21 

In order to prevent all kinds of disorder, in the visiting and examination 
of the ships and cargoes of both the contracting parties, on the high seas, 
they have agreed, mutually, that, whenever a vessel of war, public or private, 
shall meet with a neutral of the other contracting party, the first shall remain 
out of cannon shot, and may send its boats with two or three men only, 
in order to execute the said examination of the papers, concerning the owner- 
ship and cargo of the vessel, without causing the least extortion, violence or 
ill-treatment, for which, the commanders of the said armed ships, shall be 
responsible, with their persons and property: for which purpose, the com- 
manders of the said private armed vessels shall, before receiving their com- 
missions, give sufficient security, to answer for all the damages, they may 
commit; and it is expressly agreed, that the neutral party shall, in no case, 
be required to go on board the examining vessel, for the purpose of exhibiting 
his papers, or for any other purpose whatever. 

Article 22 

To avoid all kinds of vexation and abuse, in the examination of the papers 
relating to the ownership of the vessels belonging to the citizens of the two 
contracting parties, they have agreed and do agree, that in case one of them 
should be engaged in war, the ships and vessels belonging to the citizens of 
the other, must be furnished with sea-letters or passports, expressing the 
name, property and bulk of the ships; as also, the name and place of habita- 
tion of the master and commander of said vessel, in order that it may thereby 
appear that said ship truly belongs to the citizens of one of the parties ; they 
have likewise agreed, that such ships being laden, besides the said sea-letters 
or passports, shall also be provided with certificates containing the several 
particulars of the cargo, and the place whence the ship sailed, so that it may 
be known whether any forbidden or contraband goods be on board the same ; 
which certificates shall be made out by the officers of the place whence the 
ship sailed, in the accustomed form : without such requisites said vessels may 
be detained, to be adjudged by the competent tribunal, and may be declared 
legal prize, unless the said defect shall be proved to be owing to accident, 
and satisfied or supplied by testimony entirely equivalent. 

Article 23 

It is further agreed that the stipulations above expressed relative to the 
visiting and examination of vessels, shall apply only to those which sail 
without convoy, & when said vessels shall be under convoy, the verbal dec- 
laration of the commander of the convoy, on his word of honor, that the 
vessels under his protection belong to the nation whose flag he carries; and 
when they are bound to an enemy's port, that they have no contraband 
goods on board, shall be sufficient. 



304 ECUADOR 

Article 24 

It is further agreed, that in all cases, the established courts for prize causes, 
in the country to which the prizes may be conducted, shall alone take 
cognizance of them; and whenever such tribunals, of either party, shall 
pronounce judgment against any vessel, or goods or property claimed by the 
citizens of the other party, the sentence or decree shall mention the reasons 
or motives, on which the same shall have been founded, and an authenticated 
copy of the sentence or decree, and of all the proceedings in the case, shall, 
if demanded, be delivered to the commander or agent of said vessel, without 
any delay, he paying the legal fees for the same. 

Article 25 

Whenever one of the contracting parties shall be engaged in war with 
another State, no citizen of the other contracting party shall accept a com- 
mission or letter of marque, for the purpose of assisting or co-operating 
hostilely with the said enemy, against the said party so at war, under the 
pain of being considered as a pirate. 

Article 26 

If, by any fatality, which cannot be expected, and which God forbid, the 
two contracting parties should be engaged in a war with each other, they 
have agreed, and do agree, now for then, that there shall be allowed the 
term of six months to the merchants residing on the coasts and in the ports 
of each other, and the term of one year to those who dwell in the interior, 
to arrange their business and transport their effects, wherever they please, 
giving to them, the safe-conduct necessary for it, which may serve as a 
sufficient protection, until they arrive at the designated port. The citizens 
of all other occupations, who may be established in the territories or domin- 
ions of the United States and the Republic of Ecuador, shall be respected, 
and maintained in the full enjoyment of their personal liberty and property, 
unless their particular conduct shall cause them to forfeit this protection, 
which, in consideration of humanity, the contracting parties engage to give 
them. 

Article 27 

Neither the debts due from individuals of the one nation to the individuals 
of the other, nor shares, nor moneys which they may have in public funds, 
nor in public nor private banks, shall ever, in any event of war, or of national 
difference, be sequestered or confiscated. 

Article 28 

Both the contracting parties being desirious of avoiding all inequality in 
relation to their public communications and official intercourse, have agreed 



NAVIGATION AND COMMERCE— JUNE 13, 1839 305 

and do agree, to grant to the envoys, ministers and other public agents, 
the same favors, immunities and exemptions, which those of the most favored 
nation do or shall enjoy : it being understood, that whatever favors, immu- 
nities or privileges, the United States of America or the Republic of Ecuador 
may find it proper to give to the ministers and other public agents of any 
other power, shall, by the same act be extended to those of each of the 
contracting parties. 

Article 29 

To make more effectual the protection which the United States and the 
Republic of Ecuador shall afford in future, to the navigation and commerce 
of the citizens of each other, they agree to receive and admit consuls and 
vice-consuls, in all the ports open to foreign commerce, who shall enjoy 
in them, all the rights, prerogatives and immunities of the consuls and 
vice-consuls of the most favored nation; each contracting party, however, 
remaining at liberty to except those ports and places, in which the admission 
and residence of such consuls and vice-consuls, may not seem convenient. 

Article 30 

In order that the consuls and vice-consuls of the two contracting parties, 
may enjoy the rights, prerogatives and immunities which belong to them by 
their public character, they shall, before entering on the exercise of their 
functions, exhibit their commission or patent in due form to the Government 
to which they are accredited, and, having obtained their exequatur, they 
shall be held and considered as such, by all the authorities, magistrates and 
inhabitants in the consular district in which they reside. 

Article 31 

It is likewise agreed that the consuls, their secretaries, officers and persons 
attached to the service of consuls, they not being citizens of the country in 
which the consul resides, shall be exempted from all kinds of taxes, imposts 
and contributions, except those which they shall be obliged to pay on account 
of commerce or their property, to which the citizens and inhabitants, native 
and foreign, of the country in which they reside, are subject; being in every 
thing besides, subject to the laws of the respective States. The archives and 
papers of the consulates shall be respected inviolably, and, under no pretext 
whatever, shall any magistrate seize, or in any way interfere with them. 

Article 32 

The said consuls shall have power to require the assistance of the author- 
ities of the country, for the arrest, detention and custody, of deserters from 
the public and private vessels of their country, and for that purpose, they 
shall address themselves to the courts, judges and officers competent, and shall 
demand the said deserters in writing; proving by an exhibition of the register 



306 ECUADOR 

of the vessel's or ship's roll, or other public documents, that those men were 
part of the said crews, and on this demand so proved, (saving, however, 
where the contrary is proved, ) the delivery shall not be refused. Such desert- 
ers, when arrested, shall be put at the disposal of said consuls, and may be put 
in the public prisons, at the request and expense of those who reclaim them, 
to be sent to the ships to which they belonged, or to others of the same nation. 
But if they be not sent back within two months, to be counted from the day 
of their arrest, they shall be set at liberty, and shall be no more arrested for 
the same cause. 

Article 33 

For the purpose of more effectually protecting their commerce and navi- 
gation, the two contracting parties do hereby agree, as soon hereafter as 
circumstances will permit them, to form a consular convention, which shall 
declare especially, the powers and immunities of the consuls and vice-consuls 
of the respective parties. 

Article 34 

It is further agreed, that the words, 'most favored nation', that occur in 
this treaty, shall not be so construed as to prevent either of the contracting 
parties, from concluding any treaty or convention, with any other nation or 
state, it may think proper, as freely and as fully as though said words were 
not used: Provided however, that notwithstanding any such treaty or con- 
vention, the citizens of the United States shall be placed in Ecuador, with 
respect to navigation and commerce, upon an equal footing with the subjects 
of Spain and with the citizens of Mexico and of the other Hispano-American 
States, with which treaties have been, or may be, concluded; and that the 
citizens of Ecuador shall be entitled to enjoy, in the United States, the same 
rights and privileges, with respect to navigation and commerce, that the 
citizens of the United States enjoy, or shall enjoy, in Ecuador. 

Article 35 

The United States of America and the Republic of Ecuador, desiring to 
make as durable, as circumstances will permit, the relations which are to 
be established between the two parties, by virtue of this treaty of peace, 
amity, commerce and navigation, have declared solemnly, and do agree to 
the following points : 

1st. The present treaty shall remain in full force and virtue for the term 
of twelve years, to be counted from the day of exchange of the ratifications, 
and further, until the end of one year, after either of the contracting parties 
shall have given notice to the other, of its intention to terminate the same; 
each of the contracting parties reserving to itself, the right of giving such 
notice to the other at the end of said term of twelve years: And it is hereby 
agreed between them, that on the expiration on one year, after such notice 



NAVIGATION AND COMMERCE— JUNE 13, 1839 307 

shall have been received by either, from the other party, this treaty, in all 
its parts relative to commerce and navigation, shall altogether cease and 
determine, and in all those parts which relate to peace and friendship, it 
shall be perpetually and permanently binding on both powers. 

2nd. If any one or more of the citizens of either party, shall infringe any 
of the articles of this treaty, such citizen shall be held personally responsible 
for the same, and harmony and good correspondence between the two nations 
shall not be interrupted thereby, each party engaging in no way to protect 
the offender, or sanction such violation. 

3rd. If, (what indeed cannot be expected) unfortunately, any of the 
articles contained in the present treaty, shall be violated or infringed in any 
way whatever, it is expressly stipulated, that neither of the contracting parties 
will order or authorize any act of reprisal, nor declare war against the other 
on complaints of injuries or damages, until the said party considering itself 
offended, shall first have presented to the other, a statement of such injuries 
or damages, verified by competent proofs, and demanded justice, and the 
same shall have been either refused or unreasonably delayed. 

4th. Nothing in this treaty shall, however, be construed or operate con- 
trary to former and existing public treaties with other sovereigns and states. 

The present treaty of peace, amity, commerce and navigation, shall be 
approved and ratified by the President of the United States of America, by 
and with the advice and consent of the Senate thereof, and by the President 
of the Republic of Ecuador, with the consent and approbation of the Con- 
gress of the same; and the ratifications shall be exchanged in the city of 
Quito, within three years, to be counted from the date of the signature 
hereof, or sooner, if possible. 

In faith whereof, we, the Plenipotentiaries of the United States of America 
and of the Republic of Ecuador, have signed and sealed these presents. 

Done in the city of Quito, on the thirteenth day of June, in the year of our 
Lord, one thousand eight hundred and thirty-nine, and in the sixty third year 
of the Independence of the United States of America and the twenty ninth 
of that of the Republic of Ecuador. 

J. C. Pickett [seal] 
Luis de Saa [seal] 



258-338—71 21 



CLAIMS: SETTLEMENT OF CASES OF BRIG 
"JOSEPHINE" AND SCHOONER "RANGER" 

Convention signed at Quito June 15, 1849 
Ratified by Ecuador June 20, 1849 
Entered into force June 20, 1849 

5 Miller 581 

The Undersigned Charge d'Affaires of the United States and Marcos 
Espinel Plenipotentiary of Ecuador being duly authorized to enter into 
a convention for the payment of the debt which pertains to Ecuador 
in the indemnification claimed by the owners of the Brig Josephine 
and of the Schooner Ranger, after exchanging their full powers, have 
agreed to the following articles. 

Article l 8 .' The Government of Ecuador obligates itself to pay to 
the order of the Charge d'Affaires of the United States, or to the order 
of any person or persons duly empowered by the Government of the 
United States, the sum of five thousand nine hundred and fifty five 
dollars ^j Spanish, on account of all losses and damages which the 
owners of the Brig Josephine have claimed through the Legation of the 
United States, together with interest upon the said sum at the rate of 
six per cent per annum, to be calculated from the fifth day of May 
one thousand eight hundred and thirty until paid. 

Article 2? The Government of Ecuador also agrees to pay to the 
order of the Charge d'Affaires of the United States, or to the order of 
any person or persons duly empowered by the Government of the 
United States, the sum of one thousand and ninety nine dollars j^f 
Spanish, on account of the Schooner Ranger and part of her cargo 
which were confiscated in contravention of the treaty : between the 
United States and Colombia, 2 together with interest upon the said sum 
at the rate of six per cent per annum, to be calculated from the second 
day of August one thousand eight hundred and twenty five until paid. 



1 TS 52, ante, vol. 6, p. 855, COLOMBIA. 

'The state of "Greater Colombia," which gained independence from Spain in 1819, 
included the present states of Colombia, Ecuador, Panama, and Venezuela. In 1830-31 
it split up into Ecuador, Venezuela, and the republic of New Granada, and by 1863 New 
Granada had become the United States of Colombia. 

308 



CLAIMS— JUNE 15, 1849 309 

Article 3? It is agreed by the contracting parties that the above- 
named sums, to be paid respectively on account of the Brig Josephine 
and of the Schooner Ranger, shall be paid in the following manner, 
Viz. the sum of two thousand dollars on the first day of July next, the 
same amount on the first day of October next, and the remainder in 
three equal annual instalments, to be counted from the twenty seventh 
day of April one thousand eight hundred and forty nine. 

In faith whereof the respective plenipotentiaries have signed the 
above articles in the English and Spanish languages, and have thereto 
affixed their seals at the city of Quito, this fifteenth day of June, one 
thousand eight hundred and forty nine. 

Vanbrugh Livingston [seal] 
Marcos Espinel [seal] 



CLAIMS: SETTLEMENT OF CASE 
OF BRIG "MORRIS" 

Convention signed at Quito February 9, 1850 
Entered into force February 9, 1850 

5 Miller 665 x 

Convention 

The undersigned, John Trumbull Van Alen, Charge d'affaires of the 
United States of America and Antonio Mata, Plenipotentiary on the part of 
the Republic of the Ecuador, being duly authorized to conclude a convention 
for the payment of the debt of the Ecuador, on account of the indemnification 
claimed by the proprietors of the North American Brig "Morris", which was 
captured and sold by the authorities of Colombia 2 in the years eighteen 
hundred and twenty five and eighteen hundred and twenty six, have agreed 
to conclude and seal this affair, in all its respects, under the following articles. 

Art. 1. The Government of the Ecuador obliges itself to pay, to the 
order of the Charge d'affaires of the United States of North America, or to 
the order of any other person duly authorized by the Government of the 
United States, the sum of fourteen thousand and sixteen dollars and eighty 
two hundredths as follows: five thousand four hundred and eighty five 
dollars for the absolute indemnification of the principal of the losses and 
injuries which the persons interested in the North American Brig "Morris" 
have claimed of the Government of the Ecuador, through the Legation of 
their country, and eight thousand five hundred and thirty one dollars, and 
eighty two hundredths, for the current interest, at the rate of six per cent per 
annum from the twelfth of May, eighteen hundred and twenty five, the date 
of the capture, to the fifteenth of April, eighteen hundred and fifty one, the 
average time between the dates of payment, according to the conditions of 
the following article, it being stipulated that, in virtue of this Convention, 
the proprietors of the Brig "Morris" or persons interested shall have no right, 
hereafter, to prefer any new demand in relation to this subject. 



1 For details of settlement, see 5 Miller 665. 

2 The state of "Greater Colombia," which gained independence from Spain in 1819, 
included the present states of Colombia, Ecuador, Panama, and Venezuela. In 1830-31 
it split up into Ecuador, Venezuela, and the republic of New Granada, and by 1863 New 
Granada had become the United States of Colombia. 

310 



CLAIMS— FEBRUARY 9, 1850 311 

Art. 2. The payment of the capital and interest above expressed shall 
be made in the following manner, one half of the whole sum on the first of 
February, and the other half on the first of July, eighteen hundred and fifty 
one. 

Art. 3. This convention shall be presented by the Executive of the 
Ecuador to the national Congress of this Republic, at its next session, in order 
that it may approve it and vote the sum necessary for carrying it into effect. 

Art. 4. In case that conventions for payment have not been formed be- 
tween the United States and the Republics of Venezuela and New Granada, 
relative to the case of the Brig "Morris", the Ecuador shall not be bound by 
this Convention. 

In witness whereof, the undersigned have signed and sealed two copies of 
this convention, in the city of Quito, capital of the Republic of the Ecuador, 
on the ninth of February, eighteen hundred and fifty. 

John Trumbull Van Alen [seal] 
Anton" Mat a [seal] 



/ 



CLAIMS: SETTLEMENT OF CASE 
OF BRIG "NATIVE" 

Convention signed at Guayaquil February 5, 1853 

Entered into force February 5, 1853 

Terminated in October 1855 upon payment of claim 1 

6 Miller 105 J 

The undersigned, to wit, Courtland Cushing Charge d'Affaires of the 
United States and Francisco Marcos Plenipotenciary of Ecuador being fully 
authorized to adjust the payment of the twenty one and a half per cent per- 
taining to Ecuador in the indemnification claimed for the loss of the N.A. 
brig "Native" which was seized by the schooner of war "Independence" of 
the old Republic of Colombia, have agreed to conclude the claim at all points 
upon the following terms. 

Article 1 st 

The Government of Ecuador will cause to be paid to the order of the 
Charge d'Affaires of the United States the sum of seven thousand two hun- 
dred and four dollars and sixty five cents ($7,204.^) in current money, 
in two equal dividends, one in December of the present year and the other in 
December of the year 1 854, as full and complete indemnification for all the 
losses and damages which the owners or those interested in the N.A. brig 
"Native" have claimed of Ecuador, by means of the Legation of the U.S. who 
shall have no right to prosecute any new claim arising out of the seizure of said 
vessel by the schooner "Independence" of the Colombian Navy. 

Article 2 nd 

The said sum of seven thousand two hundred and four dollars and sixty 
five shall bear interest at the rate of six per cent per annum from the 25 th 
day of April 1848, the day on which the Minister of the United States in 
Bogota and the Secretary of Foreign Relations of New Grenada 3 concluded 
and signed their Convention 2 in respect to the same claim of Seth Driggs. 



1 For details of settlement, see 6 Miller 105. 

= 5 Miller 437. 

3 The state of "Greater Colombia," which gained independence from Spain in 1819, 
included the present states of Colombia, Ecuador, Panama, and Venezuela. In 1830-31 
it split up into Ecuador, Venezuela, and the republic of New Granada, and by 1863 
New Granada had become the United States of Colombia. 

312 



CLAIMS— FEBRUARY 5, 1853 313 

Article 3 d 

The aforesaid interest shall be computed until the 15 th of June 1854 and 
the sum total including both principal and interest, shall be divided into two 
equal parts one payable on the 15 th of December of this present year and the 
other on the 15 th day of December 1854. 

Article 4 th 

This Convention shall be presented by the Executive authority of Ecuador 
to the next Constitutional Legislature to the end that if it approves thereof, it 
may appropriate the necessary sum for its exact execution. 

In testimony whereof the undersigned have signed two of one tenor, in 
Guayaquil the 5 th of February one thousand eight hundred and fifty three. 

COURTLAND CuSHING 

F. Marcos 



CLAIMS: THE CASE OF WHALING SHIP 
"GEORGE HOWLAND" 

Agreement signed at Quito November 13, 1857 
Entered into force November 13, 1857 
Replaced by agreement of November 25, 1862 1 

7 Miller 707 

Agreement 

At a conference this day held in the Office of the Legation of the United 
States in this City, between the Honorable Francisco Javier Salazar, Pleni- 
potentiary on the part of Ecuador for the investigation and adjustment of cer- 
tain Claims of citizens of the United States against this Republic, — and 
Philo White, Minister Resident and Plenipotentiary in behalf of the United 
States, — the case of Matthew Howland was taken into consideration, in 
which a claim for indemnity from Ecuador is based upon alleged losses sus- 
tained by his Whale Ship the "George Howland", while under seizure by the 
Ecuatorian convicts confined on Charles Island (one of the Galapagos Group 
belonging to this Republic,) in the month of March, 1852. 

Although the fact of the seizure of the claimant's vessel, as set forth in his 
complaint, is not denied, and, in the opinion of both Plenipotentiaries, he is 
entitled to some degre of indemnity, — yet so defective are the papers and 
vouchers presented to the commission, — so vague in their phraseology, and 
so indefinite in the sums stated, — as to cause much perplexity in ascertaining 
the amount of the loss really sustained by the claimant: In view of these 
difficulties, therefore, in the proper adjustment of this claim, the undersigned 
have agreed to recommend to the parties concerned, to assent to the appoint- 
ment of a Mixed Commission, as the fairest and most feasible plan for 
determining what amount of indemnity ought equitably to be paid to Mr. 
Howland : Such Commission to hold its sessions at Guayaquil, and to be com- 
posed of three Gentlemen, — one of whom shall be an Ecuatorian citizen, and 
receive his appointment from the Central Government of the Republic; 



1 The Mixed Commission called for by the agreement was not constituted. The claim 
was presented to a commission set up by an agreement of Nov. 25, 1862 (TS 77, post, 
p. 316), which made an award of $50,000, inclusive of interest and exchange (7 Miller 
712). 

314 



CLAIMS— NOVEMBER 13, 1857 315 

another to be a citizen of the United States resident in Ecuador, and who shall 
be designated by the Minister or Consul of that country accredited in this 
Republic; and the third to be a Foreign Gentleman resident at Guayaquil, 
and who may be indifferent as to the issues in this question, to be designated 
by the joint vote of the two first-named Commissioners: Their award to be 
final as to the amount of indemnity, unless the two Governments shall 
mutually agree upon a different sum. The actual and necessary expenses of 
the Commission, will be shared equally between the two parties interested. 

The Members who are to constitute the Mixed Commission provided for 
in this "Agreement", shall be appointed and enter upon the discharge of 
their duties as soon as the Minister or Consul of the United States shall 
announce to the Government of Ecuador that the new and amended vouchers 
expected from the claimant in the case, are received and ready for the use of 
the Commission in Guayaquil. 

In testimony whereof, the undersigned, as Plenipotentiaries in behalf of 
their respective Governments, have signed and sealed this "Agreement" in 
triplicate, at the City of Quito, on the thirteenth day of November, in the 
year One Thousand Eight Hundred and Fifty Seven. 

Philo White [seal] 

Francisco Javier Salazar [seal] 



250-333— Tl 22 



ADJUSTMENT OF CLAIMS 

Convention signed at Guayaquil November 25, 1862 

Senate advice and consent to ratification January 28, 1863 

Ratified by the President of the United States February 13, 1863 

Ratified by Ecuador July 26, 1864 

Ratifications exchanged at Quito July 27, 1864 

Entered into force July 27, 1864 

Proclaimed by the President of the United States September 8, 1864 

Terminated in March 1874 upon payment of claim 

13 Stat. 631; Treaty Series 77 1 

The United States of America and the Republic of Ecuador desiring to 
adjust the Claims of citizens of said States against Ecuador, and of citizens 
of Ecuador against the United States, have, for that purpose, appointed, 
and conferred full powers respectively, to wit : The President of the United 
States on Frederick Hassaurek, Minister Resident of the United States in 
Ecuador, and the President of Ecuador on Juan Jose Flores, General-in-Chief 
of the armies of the Republic, who, after exchanging their full powers, which 
were found in good and proper form, have agreed on the following articles : 

Article 1 st 

All claims on the part of Corporations, Companies, or individuals, 
citizens of the United States upon the Government of Ecuador, or of 
Corporations, Companies or individuals, citizens of Ecuador, upon the 
Government of the United States, shall be referred to a board of Com- 
missioners consisting of two members one of whom shall be appointed 
by the Government of the United States, and one by the Government 
of Ecuador. In case of death, absence, resignation, or incapacity of 
either Commissioner, or in the event of either Commissioner omitting 
or ceasing to act the Government of the United States, or that of Ecuador 
respectively, or the Minister of the United States in Ecuador, in the 
name of his Government, shall forthwith proceed to fill the vacancy 
thus occasioned. The Commissioners so named shall meet in the City 
of Guayaquil, within ninety days from the exchange of the ratifications 
of this Convention; and before proceeding to business, shall make 



1 For a detailed study of this convention, see 8 Miller 869. 

316 



CLAIMS— NOVEMBER 25, 1862 317 

solemn oath that they will carefully examine, and impartially decide, 
according to justice, and in compliance with the provisions of this 
Convention, all Claims that shall be submitted to them; and such oath 
shall be entered on the record of their proceedings. 

The Commissioners shall then proceed to name an arbitrator or 
umpire, to decide upon any case or cases concerning which they may 
disagree, or upon any point of difference which may arise in the course 
of their proceedings. And if they cannot agree in the selection, the 
umpire shall be appointed by Her Britannic Majesty's Charge d' Affaires, 
or (excepting the Minister Resident of the United States) by any other 
Diplomatic Agent in Quito whom the two high contracting parties 
shall invite to make such appointment. 

Article 2 d 

The arbitrator or umpire being appointed the Commissioners shall, 
without delay, proceed to examine the claims which may be presented 
to them by either of the two Governments; and they shall hear, if 
required, one person in behalf of each Government on every separate 
claim. Each Government shall furnish, upon request of either commis- 
sioner, such papers, in its possession, as may be deemed important to 
the just determination of any claim or claims. 

In cases where they agree to award an indemnity, they shall de- 
termine the amount to be paid. In cases in which said commissioners 
cannot agree, the points of difference shall be referred to the umpire 
before whom each of the Commissioners may be heard, and whose 
decision shall be final. 

Article 3 d 

The Commissioners shall issue Certificates of the Sums to be paid to 
the claimants, respectively, whether by virtue of the awards agreed to 
between themselves, or of those made by the umpire; and the aggregate 
amount of all sums decreed by the Commiss ioners, and of all sums 
accruing from awards made by the Umpire under the authority con- 
ferred by the fifth Article, shall be paid to the Government to which 
the respective claimants belong. Payment of said sums shall be made 
in equal annual instalments to be completed within nine years from the 
date of the term ination of the labors of the Commission ; the first pay- 
ment to be made six months after the same date. To meet these payments 
both Governments pledge the revenues of their respective nations. 

Article 4 th 

The Commission shall terminate its labors in twelve months from 
the date of its organization. They shall keep a record of their proceed- 
ings and may appoint a Secretary versed in the knowledge of the 
English and Spanish languages. 



318 ECUADOR 

Article 5 th 

The proceedings of this Commission shall be final and conclusive 
with respect to all pending claims. Claims which shall not be presented 
to the Commission within the twelve months it remains in existence, 
will be disregarded by both Governments and considered invalid. In 
the event that, upon the termination of the labors of said Commission, 
any case or cases should be pending before the Umpire, and awaiting 
his decision, said umpire is hereby authorised to make his decision or 
award in such case or cases, and his certificate thereof, in each case, 
transmitted to each of the two Governments, shall be held to be binding and 
conclusive; provided, however that his decision shall be given within 
thirty days from the termination of the labors of the Commission, at 
the expiration of which thirty days his power and authority shall cease. 

Article 6 th 

Each Government shall pay its own Commissioner; but the umpire 
as well as the incidental expenses of the commission shall be paid one 
half by the United States and the other half by Ecuador. 

Article 7 th 

The present Convention shall be ratified, and the ratifications ex- 
changed in the City of Quito. 

In faith whereof we, the respective Plenipotentiaries, have signed 
this Convention and hereunto affixed our Seals in the City of Guayaquil 
this twenty fifth day of November, in the year of our Lord 1862. 

F. Hassaurek [seal] 

Juan Jose Flores [seal] 



NATURALIZATION 

Convention signed at Washington May 6, 1872 

Senate advice and consent to ratification May 23, 1872 

Ratified by the President of the United States May 25, 1872 

Ratified by Ecuador September 30, 1873 

Ratifications exchanged at Washington November 6, 1873 

Entered into force November 6, 1873 

Proclaimed by the President of the United States November 24, 1873 

Terminated August 25, 1892 1 

18 Stat. 197; Treaty Series 78 

The United States of America and the Republic of Ecuador, being desirous 
of regulating the citizenship of persons who emigrate from Ecuador to the 
United States, and from the United States to the Republic of Ecuador, have 
decided to treat on this subject ; and for this purpose have named their respec- 
tive Plenipotentiaries, to wit: the President of the United States, Hamilton 
Fish, Secretary of State, and the President of the Republic of Ecuador, Don 
Antonio Flores, accredited as Minister Resident of that Republic to the Gov- 
ernment of the United States; who, after having communicated to each 
other their respective full powers, found in good and due form, have agreed 
upon the following articles : 

Article I 

Each of the two Republics shall recognize as naturalized citizens of the 
other, those persons who shall have been therein duly naturalized, after 
having resided uninterruptedly in their adopted country as long as may be 
required by its constitution or laws. 

This article shall apply as well to those already naturalized in the countries 
of either of the contracting parties as to those who may be hereafter 
naturalized. 

Article II 

If a naturalized citizen of either country shall renew his residence in that 
where he was born, without an intention of returning to that where he was 
naturalized, he shall be held to have reassumed the obligations of his original 

1 Pursuant to notice of termination by Ecuador dated July 17, 1891. 

319 



320 ECUADOR 

citizenship, and to have renounced that which he had obtained by 
naturalization. 

Article III 

A residence of more than two years in the native country of a naturalized 
citizen shall be construed as an intention on his part to stay there without 
returning to that where he was naturalized. This presumption, however, may 
be rebutted by evidence to the contrary. 

Article IV 

Naturalized citizens of either country, on returning to that where they 
were born, shall be subject to trial and punishment according to the laws, for 
offences committed before their emigration, saving always the limitations 
established by law. 

Article V 

A declaration of intention to become a citizen shall not have the effect 
of naturalization. 

Article VI 

The present convention shall go into effect immediately on the exchange of 
ratifications, and it shall remain in full force for ten years. If neither of the 
contracting parties shall give notice to the other six months previously of its 
intention to terminate the same, it shall further remain in force until twelve 
months after either of the contracting parties shall have given notice to the 
other of such intention. 

Article VII 

The present convention shall be ratified by the President of the United 
States, by and with the advice and consent of the Senate thereof, and by the 
President of the Republic of Ecuador, with the approval of the Congress of 
that Republic, and the ratifications shall be exchanged at Washington within 
eighteen months from the date hereof. 

In faith whereof the Plenipotentiaries have signed and sealed this conven- 
tion at the city of Washington this sixth day of May, in the year of our Lord 
one thousand eight hundred and seventy-two. 

Hamilton Fish [seal] 

Antonio Flores [seal] 



EXTRADITION 

Treaty signed at Quito June 28, 1872 

Senate advice and consent to ratification January 6, 1873 

Ratified by the President of the United States January 10, 1873 

Ratified by Ecuador November 12, 1873 

Ratifications exchanged at Quito November 12, 1873 

Entered into force November 12, 1873 

Proclaimed by the President of the United States December 24, 1873 

Second article supplemented by treaty of September 22, 1939 1 

18 Stat. 199; Treaty Series 79 

Extradition Treaty Between the United States of America 
and the Republic of Ecuador 

The United States of America and the Republic of Ecuador, having deemed 
it conducive to the better administration of justice and the prevention of crime 
within their respective territories that all persons convicted of or accused of 
the crimes enumerated below, being fugitives from justice, shall be, under 
certain circumstances, reciprocally delivered up, have resolved to conclude a 
treaty upon the subject; and the President of the United States has for this 
purpose named Rumsey Wing, a citizen of the United States, and their 
Minister-Resident in Ecuador, as Plenipotentiary on the part of the United 
States, and the President of Ecuador has named Francisco Javier Leon, 
Minister of the Interior and of Foreign Affairs, as Plenipotentiary on the part 
of Ecuador; who, having reciprocally communicated their full powers, and 
the same having been found in good and due form, have agreed upon the 
following articles, viz : 

Article 1st 

The Government of the United States and the Government of Ecuador 
mutually agree to deliver up such persons as may have been convicted of or 
may be accused of the crimes set forth in the following article, committed 
within the jurisdiction of one of the contracting parties, and who may have 
sought refuge or be found within the territory of the other; it being under- 
stood that this is only to be done when the criminality shall be proved in such 



1 TS 972, post, p. 346. 

321 



322 ECUADOR 

manner that, according to the laws of the country where the fugitive or ac- 
cused may be found, such persons might be lawfully arrested and tried, had 
the crime been committed within its jurisdiction. 

Article 2nd 

Persons convicted of or accused of any of the following crimes shall be 
delivered up, in accordance with the provisions of this treaty : 

1st. Murder, including assassination, parricide, infanticide, and 
poisoning. 

2d. The crime of rape, arson, piracy, and mutiny on ship-board when 
the crew, or a part thereof, by fraud or violence against the commanding 
officer, have taken possession of the vessel. 

3d. The crime of burglary, this being understood as the act of breaking 
or forcing an entrance into another's house with intent to commit any crime ; 
and the crime of robbery, this being defined as the act of taking from the 
person of another goods or money with criminal intent, using violence or 
intimidation. 

4th. The crime of forgery, which is understood to be the wilful use or 
circulation of forged papers or public documents. 

5th. The fabrication or circulation of counterfeit money, either coin or 
paper, of public bonds, bank bills and securities, and in general of any kind 
of titles to or instruments of credit, the counterfeiting of stamps, dies, seals, 
and marks of the state and of the administrative authorities, and the sale or 
circulation thereof. 

6th. Embezzlement of public property, committed within the jurisdic- 
tion of either party, by public officers or depositaries. 2 

Article 3rd 

The stipulations of this treaty shall not be applicable to crimes or offences 
of a political character; and the person or persons delivered up, charged with 
the crimes specified in the foregoing article, shall not be prosecuted for any 
crime committed previously to that for which his or their extradition may be 
asked. 

Article 4th 

If the person whose extradition may have been applied for, in accordance 
with the stipulations of the present treaty, shall have been arrested for 
offences committed in the country where he has sought refuge, or if he shall 
have been sentenced therefor, his extradition may be deferred until his 
acquittal, or the expiration of the term for which he shall have been 
sentenced. 



2 For additions to the list of crimes enumerated in the second article, see supplementary 
treaty of Sept. 22, 1939 (TS 972), post, p. 346. 



EXTRADITION— JUNE 28, 1872 323 

Article 5th 

Requisitions for the extradition of fugitives from justice shall be made by 
the respective diplomatic agents of the contracting parties, or, in case of the 
absence of these from the country or its capital, they may be made by superior 
consular officers. If the person whose extradition is asked for shall have been 
convicted of a crime, the requisition must be accompanied by a copy of the 
sentence of the court that has convicted him, authenticated under its seal, 
and an attestation of the official character of the judge who has signed it, 
made by the proper executive authority; also by an authentication of the 
latter by the Minister or Consul of the United States or Ecuador, respectively. 
On the contrary, however, when the fugitive is merely charged with crime, 
a duly authenticated copy of the warrant for his arrest in the country where 
the crime has been committed, and of any evidence in writing upon which 
such warrant may have been issued, must accompany the aforesaid requisi- 
tion. The President of the United States, or the proper executive authority 
of Ecuador, may then order the arrest of the fugitive, in order that he may 
be brought before the judicial authority which is competent to examine the 
question of extradition. If, then, according to the evidence and the law, it 
be decided that the extradition is due in conformity with this treaty, the 
fugitive shall be delivered up, according to the forms prescribed in such cases. 

Article 6th 

The expenses of the arrest, detention, and transportation of persons claimed 
shall be paid by the Government in whose name the requisition shall have 
been made. 

Article 7th 

This treaty shall continue in force for ten (10) years from the day of the 
exchange of ratifications; but in case neither party shall have given to the 
other one ( 1 ) year's previous notice of its intention to terminate the same, 
then this treaty shall continue in force for ten (10) years longer, and so on. 

The present treaty shall be ratified, and the ratifications exchanged in the 
capital of Ecuador, within two months from the day on which the session 
of the coming Congress of Ecuador shall terminate, which will be in October, 
1873. 

In testimony whereof the respective Plenipotentiaries have signed the 
present treaty in duplicate, and have hereunto affixed their seals. 

Done in the city of Quito, capital of the Republic of Ecuador, this twenty- 
eighth day of June, one thousand eight hundred and seventy-two. 

Rumsey Wing [seal] 

Francisco Javier Leon [seal] 






ARBITRATION OF SANTOS CLAIM 

Convention signed at Quito February 28, 1893 

Senate advice and consent to ratification September 11, 1893 

Ratified by the President of the United States September 16, 1893 

Ratified by Ecuador August 26, 1894 

Ratifications exchanged at Washington November 6, 1894 

Entered into force November 6, 1894 

Proclaimed by the President of the United States November 7, 1894 

Terminated upon fulfillment of its terms 1 

28 Stat. 1205; Treaty Series 80 

The United States of America, and the Republic of Ecuador, being desir- 
ous of removing all questions of difference between them, and of maintaining 
their good relations, in a manner consonant to their just interests and dignity, 
have decided to conclude a convention, and for that purpose have named 
as their respective Plenipotentiaries, to wit : 

The President of the United States; Rowland Blennerhassett Mahany, 
Envoy Extraordinary and Minister Plenipotentiary of the United States to 
Ecuador; and 

The President of Ecuador; 

Honorato Vazquez, Plenipotentiary ad hoc, of that Republic, — who, hav- 
ing communicated to each other their respective Full Powers, found in good 
and due form, have agreed upon the following articles : 

Article I 

The two governments agree to refer to the decision of an arbitrator, to 
be designated in the manner hereinafter provided, the claim presented 
by the Government of the United States against that of the Republic of 
Ecuador, in behalf of Julio R. Santos, a native of Ecuador, and naturalized 
as a citizen of the United States in the year 1874; the said claim being for 
injuries to his person and property, growing out of his arrest and imprison- 
ment by the authorities of Ecuador, and other acts of the said authorities 
in the vears 1884 and 1885. 



1 The arbitrator made an award of $40,000 in favor of the claimant. 
324 



CLAIMS— FEBRUARY 28, 1893 325 

Article II 

1 . In order to secure the services of a competent and impartial arbitrator, 
it is agreed that the Government of Her Britannic Majesty be requested 
to authorize its diplomatic representative in Quito, to act in that capacity; 
or in the case of his absence from the country, that this permission be given 
his successor. 

2. In case of the failure of the diplomatic representative of Her Britannic 
Majesty's Government, or of the successor of the said representative, to act 
as such arbiter, then the said representative, or his successor, be requested 
to name an arbitrator who shall not be a citizen either of the United States 
or of Ecuador. 

3. Any vacancy in the office of Arbitrator, to be filled in the same manner 
as the original appointment. 

Article III 

1. As soon as may be after the designation of the Arbitrator, not to 
exceed the period of ninety days, the written or printed case of each of the 
contracting parties, accompanied by the documents, the official correspond- 
ence and other evidence on which each relies, shall be delivered to the 
Arbitrator, and to the agent of the other party ; and within ninety days after 
such delivery and exchange of the cases of the two parties, either party 
may, in like manner, deliver to the Arbitrator, and to the agent of the other 
side, a counter case to the documents and evidence presented by the other 
party, with such written or printed argument as may, by each, be deemed 
proper. And each government shall furnish upon the request of the other, 
or its agent, such papers in its possession as may be deemed important to 
the just determination of the claim. 

2. Within the last named period of ninety days, the Arbitrator may also 
call for such evidence as he may deem proper, to be furnished within the 
same period; and shall also receive such oral and documentary evidence 
as each government may offer. Each government shall also furnish, upon 
the requisition of the Arbitrator, all documents in its possession, which may 
be deemed by him as material to the just determination of the claim. 

3. Within sixty days after the last mentioned period of ninety days, 
the Arbitrator shall render his opinions and decisions in writing, and certify 
the same to the two governments. These decisions and opinions shall embrace 
the following points, to-wit : 

(a) Whether, according to the evidence adduced, Julio R. Santos, by 
his return to and residence in Ecuador, did or did not, under the provisions 
of the Treaty of Naturalization between the two Governments, concluded 
May 6, 1872,* forfeit his United States citizenship as to Ecuador, and 
resume the obligations of the latter country. 

1 TS 78, ante, p. 319. 



326 ECUADOR 

(b) If he did not so forfeit his United States citizenship, whether or 
not it was shown by the evidence adduced, that Julio R. Santos has been 
guilty of such acts of unfriendliness and hostility to the Government of 
Ecuador, as, under the Law of Nations, deprived him of the consideration 
and protection due a neutral citizen of a friendly Nation. 

Article IV 

1. In case either one or the other of the points recited in clauses (a) and 
(b) of the last preceding article, should be decided in favor of the conten- 
tion of the Government of Ecuador, said Government shall be held to no 
further responsibility to that of the United States for arrest, imprisonment, 
and other acts of the authorities of Ecuador towards Julio R. Santos, 
during the years 1884 and 1885. 

2. On the other hand, should the Arbitrator decide the above recited 
points against the contention of Ecuador, he shall, after a careful examina- 
tion of the evidence touching the injuries and losses to the person and 
property of the said Santos, which shall have been laid before him concern- 
ing the arrest and imprisonment of said Santos, and other acts of the author- 
ities of Ecuador towards him, during the years 1884 and 1885, award such 
damages for said injuries and losses as may be just and equitable; which 
shall be certified to the two Governments and shall be final and conclusive. 

Article V 

1. Both Governments agree to treat the decisions of the Arbitrator and 
his award as final and conclusive. 

2. Should a pecuniary indemnity be awarded, it shall be specified in the 
gold coin of the United States, and shall be paid to the government thereof 
within sixty days after the beginning of the first session of the Congress of 
Ecuador, held subsequent to the rendition of the award, and the said 
award shall bear interest at six per centum from the date of its rendition. 

3. The Government of Ecuador, however, reserves the right to pay, 
before the expiration of the above stated time, the whole amount to the Gov- 
ernment of the United States, with interest at six per centum from the date 
of the announcement of the award till the date of the payment thereof. 

Article VI 

1 . Each government shall pay its own agent and counsel, if any, for the 
expenses of preparing and submitting its case to the Arbitrator. 

2. All other expenses, including reasonable compensation to the Secre- 
tary, if any, of the Arbitrator, shall be paid upon the certificates of the Arbi- 
trator, by the two Governments in equal moieties. 



CLAIMS— FEBRUARY 28, 1893 327 

Article VII 

The present convention shall be ratified by the President of the United 
States, by and with the advice and consent of the Senate thereof; by the Con- 
gress of Ecuador and by the President thereof; and the ratifications ex- 
changed at Washington as soon as possible. 

In faith whereof, the Plenipotentiaries have signed and sealed this Conven- 
tion in duplicate, in the City of Quito, this twenty eighth day of February, in 
the year of our Lord one thousand eight hundred and ninety three. 

Rowland Blennerhassett Mahany [seal] 
Honorato Vazquez [seal] 



ARBITRATION 

Convention signed at Washington January 7 , 1909 

Senate advice and consent to ratification January 13, 1909 

Ratified by the President of the United States March 1, 1909 

Ratified by Ecuador November 5, 1909 

Ratifications exchanged at Washington June 22, 1910 

Entered into force June 22, 1910 

Proclaimed by the President of the United States June 23, 1910 

36 Stat. 2456; Treaty Series 549 

The Government of the United States of America, signatory of the two 
conventions for the Pacific Settlement of International Disputes, concluded at 
The Hague, respectively, on July 29, 1899, 2 and October 18, 1907, 2 and the 
Government of the Republic of Ecuador, adherent to the said convention of 
July 29, 1899, and signatory of the said convention of October 18, 1907; 

Taking into consideration that by Article XIX of the convention of July 29, 
1899, and by Article XL of the convention of October 18, 1907, the 
High Contracting Parties have reserved to themselves the right of concluding 
Agreements, with a view to referring to arbitration all questions which they 
shall consider possible to submit to such treatment ; 

Have authorized the undersigned to conclude the following Convention: 

Article I 

Differences which may arise of a legal nature, or relating to the interpreta- 
tion of treaties existing between the two Contracting Parties, and which it 
may not have been possible to settle by diplomacy, shall be referred to the 
Permanent Court of Arbitration established at The Hague by the convention 
of the 29th July, 1899, for the Pacific Settlement of International Disputes, 
and maintained by The Hague Convention of the 18th October, 1907; pro- 
vided, nevertheless, that they do not affect the vital interests, the independ- 
ence, or the honor of the two Contracting States, and do not concern the 
interests of third Parties. 



1 TS392, ante, vol. 1, p. 230. 
2 TS 536, ante, vol. l,p. 577. 



328 



ARBITRATION— JANUARY 7, 1909 329 

Article II 

In each individual case the High Contracting Parties, before appealing 
to the Permanent Court of Arbitration, shall conclude a special Agreement, 
defining clearly the matter in dispute, the scope of the powers of the arbitra- 
tors, and the periods to be fixed for the formation of the Arbitral Tribunal 
and the several stages of the procedure. It is understood that on the part 
of the United States such special agreements will be made by the President 
of the United States, by and with the advice and consent of the Senate thereof, 
and on the part of Ecuador shall be subject to the procedure required by the 
Constitution and laws thereof. 

Article III 

The present Convention is concluded for a period of five years and shall 
remain in force thereafter until one year's notice of termination shall be given 
by either party. 

Article IV 

The present Convention shall be ratified by the President of the United 
States of America, by and with the advice and consent of the Senate thereof; 
and by the President of Ecuador in accordance with the Constitution and 
laws thereof. The ratifications shall be exchanged at Washington as soon as 
possible, and the Convention shall take effect on the date of the exchange 
of its ratifications. 

Done in duplicate, in the English and Spanish languages, at Washington, 
this seventh day of January, in the year one thousand nine hundred and nine. 

Elihu Root [seal] 
L. F. Carbo [seal] 



ADVANCEMENT OF PEACE 

Treaty signed at Washington October 13, 1914 

Senate advice and consent to ratification October 20, 1914 

Ratified by Ecuador November 10, 1915 

Ratified by the President of the United States January 4, 1916 

Ratifications exchanged at Washington January 22, 1916 

Entered into force January 22, 1916 

Proclaimed by the President of the United States January 24, 1916 

39 Stat. 1650; Treaty Series 622 

The Governments of the United States of America and of the Republic 
of Ecuador, being desirous of once more contributing to the consolidation 
of their traditional policy of peace and amity and also to advance the 
diffusion of the spirit of universal peace, have resolved to enter into a 
special treaty and to that end have appointed as their plenipotentiaries: 

The President of the United States of America: The Honorable Wil- 
liam Jennings Bryan, Secretary of State ; and 

The President of the Republic of Ecuador: Sefior Dr. Don Gonzalo 
S. Cordova, Envoy Extraordinary and Minister Plenipotentiary of the Re- 
public of Ecuador to the United States of America; 

Who, after having communicated to each other their respective full pow- 
ers, found to be in proper form, have agreed upon the following articles : 

Article I 

The High Contracting Parties agree that all disputes between them, of 
every nature whatsoever, to the settlement of which previous arbitration 
treaties or agreements do not apply in their terms or are not applied in fact, 
and which it has not been possible to adjust through diplomatic methods, be 
referred for investigation and report to an International Commission to be 
constituted in the manner prescribed in the following article. And they further 
agree not to declare war or commit any act of hostility against each other, 
during such investigation and before the report is submitted. 

Article II 

The International Commission mentioned in the preceding article shall 
be composed of five members, to be appointed as follows : Each Government 

330 



ADVANCEMENT OF PEACE— OCTOBER 13, 1914 331 

shall appoint two members, one of whom shall be a citizen of the country 
whose government appoints him, and the other a citizen of some third coun- 
try; the fifth member shall be chosen by common agreement between the two 
Governments, it being understood that he shall not be a citizen of either of 
the two contracting countries. In case of disagreement regarding the ap- 
pointment of the fifth member, the two Governments shall request the 
President of the Swiss Confederation to choose such member. Said fifth mem- 
ber shall be of right the President of the International Commission. 

Each Government shall have the right to revoke the appointment of either 
or both of the members chosen by it, at any time before the investigation is 
begun, but must appoint his or their successors at the time his or their ap- 
pointments are revoked. If the fifth member be chosen by common agree- 
ment between the High Contracting Parties, they may also at any time 
before the investigation is begun, withdraw their approval, but shall in 
such case come to an agreement within the next thirty days as to the appoint- 
ment of a successor or request the President of the Swiss Confederation to 
make such appointment. Vacancies due to other causes than those enumerated 
in this article shall be filled in the manner established for the original appoint- 
ment, and the new appointments shall not be delayed more than fifteen 
days from the date on which notice of the vacancy was received. The Interna- 
tional Commission shall organize within six months after the exchange of the 
ratifications of this treaty, and shall report its organization to both Govern- 
ments on the same date. It shall prescribe the rules of practice to be observed 
in the discharge of its mission, and shall also designate the place where the 
investigations are to be conducted. The expenses of the Commission and 
the compensation of its members shall be paid by the two contracting Govern- 
ments in equal proportion. 

Article III 

In case the High Contracting Parties shall have failed to adjust their 
disputes by diplomatic methods, they shall at once be referred to the Inter- 
national Commission for investigation and report, and either of the two 
interested governments may make the respective reference. The High Con- 
tracting Parties agree to furnish the International Commission with all the 
facilities which it requires for the proper discharge of its trust, and it shall 
complete its investigation and submit its report within a period of one year 
from the date on which it shall declare its investigation to have begun. If for 
reasons of force majeure it shall not have found it possible to complete its 
investigation or submit its report within the said period, it may be extended 
for six months more, if the High Contracting Parties agree in this respect. 
Upon the submission of its report by the International Commission, or if for 
any reason whatsoever no report is submitted within the term fixed in this 
article, the High Contracting Parties reserve the right to act in the subject 
matter of the investigation and report as their respective interests may demand. 



xvi Ecuador 

Article IV 

The present treaty shall be ratified by the respective Governments in ac- 
cordance with the provisions of their respective constitutions, and the ratifica- 
tions shall be exchanged as soon as possible. 

This treaty shall continue in force for five years from the date of the ex- 
change of ratifications and if notice of an intention to terminate it is not 
given by one of the Contracting Parties to the other one year before the ter- 
mination of this period, it shall be considered as renewed for another year, 
and so on successively. A strict and faithful observance of the preceding articles 
is entrusted to the honor of the signatory nations. 

In witness whereof the respective plenipotentiaries have signed the present 
treaty and have affixed thereunto their seals. 

Done in Washington on the 13th day of October, in the year of our Lord 
nineteen hundred and fourteen. 

William Jennings Bryan [seal] 
G. S. Cordova [seal! 



MOST-FAVORED-NATION TREATMENT IN 
CUSTOMS MATTERS 

Exchange of notes at Washington June 12, 1936 

Entered into force June 12, 1936 

Superseded October 23, 1938, by agreement of August 6, 1938 1 

49 Stat. 4013; Executive Agreement Series 93 

The Secretary of State to the Ecuadorean Minister 

Department of State 
Washington, June 12, 1936 

Sir: 

I have the honor to make the following statement of my understanding of 
the agreement reached through recent conversations held at Washington by 
representatives of the Government of the United States of America and the 
Government of the Republic of Ecuador with reference to the treatment 
which the United States of America shall accord to the commerce of the 
Republic of Ecuador and which the Republic of Ecuador shall accord to the 
commerce of the United States of America. 

1 . These conversations have disclosed a mutual understanding between 
the two Governments which is that, in respect to import, export and other 
duties and charges affecting commerce, as well as in respect to transit, ware- 
housing and other facilities, the United States of America will accord to the 
Republic of Ecuador and the Republic of Ecuador will accord to the United 
States of America, its territories and possessions, unconditional most-favored- 
nation treatment. 

2. Accordingly, it is understood that with respect to customs duties or 
charges of any kind imposed on or in connection with importation or exporta- 
tion, and with respect to the method of levying such duties or charges, and 
with respect to all rules and formalities in connection with importation or 
exportation, and with respect to all laws or regulations affecting the sale or 
use of imported goods within the country, any advantage, favor, privilege 



'EAS 133, post, p. 338. 

333 



334 ECUADOR 

or immunity which has been or may hereafter be granted by the United States 
of America or the Republic of Ecuador to any article originating in or 
destined for any third country, shall be accorded immediately and uncondi- 
tionally to the like article originating in or destined for the Republic of 
Ecuador or the United States of America, respectively. 

3. It is understood that the advantages now accorded or which may here- 
after be accorded by the United States of America, its territories or possessions, 
the Philippine Islands, or the Panama Canal Zone to one another or to the 
Republic of Cuba shall be excepted from the operation of this agreement. 

4. Nothing in this agreement shall be construed as a limitation of the 
right of either country to impose on such terms as it may see fit prohibitions 
or restrictions (1) imposed on moral or humanitarian grounds; (2) designed 
to protect human, animal or plant life; (3) relating to prison-made goods; 
(4) relating to the enforcement of police or revenue laws; or (5) relating to 
the control of the export or sale for export of arms, ammunition, or imple- 
ments of war, and, in exceptional circumstances, all other military supplies. 

5. The present agreement becomes operative on this twelfth day of June, 
1936, and shall continue in force until superseded by a more comprehensive 
commercial agreement or by a definitive treaty of commerce and navigation, 
or until denounced by either country by advance written notice of not less 
than thirty days. 

Accept, Sir, the renewed assurances of my highest consideration. 

Cordell Hull 

The Honorable 

Capitan Colon Eloy Alfaro, 

Minister of Ecuador. 



The Ecuadorean Minister to the Secretary of State 

[translation] 

Legation of Ecuador 

Washington 
No 16 June 12th, 1936 

Sir, 

I have the honor to make the following statement of my understanding of 
the Agreement reached through recent conversations held at Washington by 
representatives of the Government of the United States of America and the 
Government of the Republic of Ecuador with reference to the treatment 
which the United States of America shall accord to the commerce of the 



MOST-FAVORED-NATION TREATMENT— JUNE 12, 1936 335 

Republic of Ecuador and which the Republic of Ecuador shall accord to the 
commerce of the United States of America. 

[For text of understanding, see numbered paragraphs of U.S. note, above.] 

Accept, Sir, etc. 

C. E. Alfaro 

His Excellency Mr. Cordell Hull, 
Secretary of State, 
Washington. 



WAIVER OF VISA FEES FOR NONIMMIGRANTS 

Exchange of notes at Quito July 2 and 4, 1936 
Entered into force July 20, 1936 

Terminated February 6, 1963, by agreement of December 11, 1962, 
and January 7 , 1963 l 

Department of State files 

The American Minister to the Minister of Foreign Affairs 
No. 88 Quito, July 2, 1936 

Excellency: 

With reference to Your Excellency's courteous note No. 80 of June 16, 
1936, proposing the conclusion of a reciprocal agreement for the waiver of 
passport visa and application fees for Ecuadorean citizens and American 
nationals who are nonimmigrants, I have the honor to state that my Govern- 
ment has given favorable consideration to the proposal and has authorized me 
to conclude such an agreement by an exchange of notes. 

With the purpose in view of setting forth the exact scope of the agree- 
ment as agreed in our conversations, I venture to restate my understanding 
of the terms and to request Your Excellency's confirmation. 

The Government of the United States of America will, from the 20th 
of July, 1936, collect no fee for visaing passports or executing applications 
therefor in case of citizens of the Republic of Ecuador desiring to visit the 
United States (including the insular possessions) who are not "immigrants" 
as defined in the Immigration Act of the United States of 1924, 2 as amended 
by the Act of July 6, 1932; namely, ["] (1) a government official, his 
family, attendants, servants, and employees, ( 2 ) an alien visiting the United 
States temporarily [as a tourist or temporarily] for business or pleasure, 
(3) an alien in continuous transit through the United States, (4) an alien 
lawfully admitted to the United States who later goes in transit from one part 
of the United States to another through foreign contiguous territory, (5) a 
bona fide alien seaman serving as such on a vessel arriving at a port of the 
United States and seeking to enter temporarily the United States solely in 
the pursuit of his calling as a seaman, and ( 6 ) an alien entitled to enter the 
United States solely to carry on trade between the United States and the 
foreign state of which he is a national under and in pursuance of the pro- 

1 14UST757;TIAS5354. 
"43 Stat. 153. 

336 



VISA FEES— JULY 2 AND 4, 1936 337 

visions of a treaty of commerce and navigation, and his wife, and his 
unmarried children under twenty-one years of age, if accompanying or fol- 
lowing to join him;" and the Government of the Republic of Ecuador will, 
from the same date, collect no fee for visaing the passports or executing the 
applications of nonimmigrant nationals of the United States of like classes 
desiring to visit the Republic of Ecuador. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

Antonio C. Gonzalez 
His Excellency 

Senor General Don 

Angel Isaac Chiriboga, 

Minister for Foreign Affairs, 
Quito, Ecuador. 



The Minister of Foreign Affairs to the American Minister 

[TRANSLATION] 

REPUBLIC OF ECUADOR 

MINISTRY OF FOREIGN RELATIONS 

PROTOCOL SECTION 

92 Quito, July 4, 1936 

Mr. Minister: 

I have the honor to acknowledge the receipt of the courteous note No. 88 
of the 2nd instant in which Your Excellency is good enough to reply to my 
communication No. 80 of June 16th last, stating that the Government of the 
United States has given favorable consideration to the proposal which I 
ventured to make to Your Excellency to conclude a reciprocal agreement for 
the waiver of the fees for the application and the visa of passports of Ecua- 
doran citizens and American nationals who are not immigrants. With this 
understanding, Your Excellency informs me that you have been authorized 
to conclude the said agreement by means of an exchange of notes. 

Inasmuch as this Department is in conformity with the exact scope of the 
agreement as set forth by Your Excellency in the note to which I am replying, 
I have pleasure in setting forth below the formal text of the said agreement : 

[For text of agreement, see third paragraph of U.S. note, above.] 

I avail myself of this opportunity to reiterate to Your Excellency the 
assurances of my highest and most distinguished consideration. 

A. I. Ghiriboga 
His Excellency 

Antonio C. Gonzalez, 

Envoy Extraordinary and Minister Plenipotentiary 
of the United States of America. 



RECIPROCAL TRADE 

Agreement signed at Quito August 6, 1938 1 

Proclaimed by Ecuador August 6, 1938 

Proclaimed by the President of the United States September 23, 1938, as 

corrected by exchanges of notes August 6 and September 9 and 

13, 1938 
Entered into force October 23, 1938 
Modified by agreement of March 2, 1942 2 
Terminated July 17, 1956 3 

53 Stat. 1951 ; Executive Agreement Series 133 

The President of the United States of America and the Supreme Chief of 
the Republic of Ecuador, being desirous of strengthening the traditional bonds 
of friendship between the two countries by maintaining the principle of 
equality of treatment as the basis of commercial relations and by granting 
mutual and reciprocal concessions and advantages for the promotion of 
trade, have through their respective Plenipotentiaries arrived at the following 
Agreement : 

Article I 

Articles the growth, produce or manufacture of the United States of 
America, enumerated and described in Schedule I * annexed to this Agree- 
ment and made a part thereof, shall, on their importation into the Republic 
of Ecuador, be exempt from ordinary customs duties in excess of those set 
forth in the said Schedule. The said articles shall also be exempt from all 
other duties, taxes, fees, charges or exactions, imposed on or in connection 
with importation, in excess of those imposed on the day of the signature of 
this Agreement or required to be imposed thereafter under laws of the 
Republic of Ecuador in force on the day of the signature of this Agreement. 

Article II 

Articles the growth, produce or manufacture of the Republic of Ecuador, 
enumerated and described in Schedule II annexed to this Agreement and 
made a part thereof, shall, on their importation into the United States of 
America, be exempt from ordinary customs duties in excess of those set forth 

1 For schedules annexed to agreement, see 53 Stat. 1968 or p. 18 of EAS 133. 

3 EAS 248, post, p. 372. 

3 Pursuant to notice of termination given by the United States Jan. 17, 1956. 

338 



RECIPROCAL TRADE— AUGUST 6, 1938 339 

and provided for in the said Schedule. The said articles shall also be exempt 
from all other duties, taxes, fees, charges or exactions, imposed on or in 
connection with importation, in excess of those imposed on the day of the 
signature of this Agreement or required to be imposed thereafter under laws 
of the United States of America in force on the day of the signature of this 
Agreement. 

Article III 

The provisions of Articles I and II of this Agreement shall not prevent the 
Government of either country from imposing at any time on the importation 
of any product a charge equivalent to an internal tax imposed in respect of 
a like domestic product or in respect of a commodity from which the imported 
product has been manufactured or produced in whole or in part. 

Article IV 

The United States of America and the Republic of Ecuador agree that 
the notes included in Schedules I and II are hereby given force and effect 
as integral parts of this Agreement. 

Article V 

Articles the growth, produce or manufacture of the United States of 
America or the Republic of Ecuador, shall, after importation into the other 
country, be exempt from all internal taxes, fees, charges or exactions other 
or higher than those payable on like articles of national origin or any other 
foreign origin. 

Article VI 

In respect of articles the growth, produce or manufacture of the United 
States of America or the Republic of Ecuador, enumerated and described 
in Schedules I and II, respectively, imported into the other country, on which 
ad valorem rates of duty, or duties based upon or regulated in any manner 
by value, are or may be assessed, it is understood and agreed that the bases 
and methods of determining dutiable value and of converting currencies 
shall be no less favorable to importers than the bases and methods prescribed 
under laws and regulations of the Republic of Ecuador and the United 
States of America, respectively, in force on the day of the signature of this 
Agreement. 

Article VII 

No prohibitions, import or customs quotas, import licenses, or any other 
form of quantitative regulation, whether or not operated in connection with 
any agency of centralized control, shall be imposed by the Republic of Ecua- 
dor on the importation or sale of any article the growth, produce or manufac- 
ture of the United States of America enumerated and described in Schedule I, 
or by the United States of America on the importation or sale of any article 

259-333—71 23 



340 ECUADOR 

the growth, produce or manufacture of the Republic of Ecuador enumerated 
and described in Schedule II, except as otherwise specifically provided for 
in the said Schedules. 

The foregoing provision shall not apply to quantitative restrictions in what- 
ever form imposed by the United States of America or the Republic of Ecua- 
dor on the importation or sale of any article the growth, produce or manu- 
facture of the other country, in conjunction with governmental measures 
operating to regulate or control the production, market supply or prices of 
like domestic articles, or tending to increase the labor costs of production of 
such articles, or imposed in order to maintain the exchange value of the cur- 
rency of the country. Whenever the Government of either country proposes 
to establish or change any restriction authorized by this paragraph, it shall 
give notice thereof in writing to the other Government and shall afford such 
other Government an opportunity within thirty days after receipt of such 
notice to consult with it in respect of the proposed action ; and if an agreement 
with respect thereto is not reached within thirty days following receipt of the 
aforesaid notice, the Government which proposed to take such action shall 
be free to do so at any time thereafter, and the other Government shall be 
free within fifteen days after such action is taken to terminate this Agreement 
in its entirety on thirty days' written notice. 

Article VIII 

1 . If the Government of the United States of America or the Government 
of the Republic of Ecuador establishes or maintains any form of quantitative 
restriction or control of the importation or sale of any article in which the 
other country has an interest, or imposes a lower import duty or charge on 
the importation or sale of a specified quantity of any such article than the 
duty or charge imposed on importations in excess of such quantity, the Gov- 
ernment taking any action shall : 

(a) Give public notice of the total quantity, or any change therein, of 
any such article permitted to be imported or sold or permitted to be imported 
or sold at such lower duty or charge, during a specified period ; 

(b) Allot to the other country for such specified period a share of such 
total quantity as originally established or subsequently changed in any man- 
ner equivalent to the proportion of the total importation of such article which 
such other country supplied during a previous representative period, unless 
it is mutually agreed to dispense with such allotment; and 

(c) Give public notice of the allotments of such quantity among the 
several exporting countries, and at all times upon request advise the Govern- 
ment of the other country of the quantity of any such article the growth, 
produce or manufacture of each exporting country which has been im- 
ported or sold or for which licenses or permits for importation or sale have 
been granted. 



RECIPROCAL TRADE— AUGUST 6, 1938 341 

2. Neither the United States of America nor the Republic of Ecuador 
shall regulate the total quantity of importations into its territory or sales there- 
in of any article in which the other country has an interest, by import licenses 
or permits issued to individuals or organizations, unless the total quantity of 
such article permitted to be imported or sold, during a quota period of not 
less than three months, shall have been established, and unless the regulations 
covering the issuance of such licenses or permits shall have been made public 
before such regulations are put into force. 

Article IX 

In the event that the Government of the United States of America or the 
Government of the Republic of Ecuador establishes or maintains a monopoly 
for the importation, production or sale of a particular commodity or grants 
exclusive privileges, formally or in effect, to one or more agencies to import, 
produce or sell a particular commodity, the Government of the country estab- 
lishing or maintaining such monopoly, or granting such monopoly privileges, 
agrees that in respect of the foreign purchases of such monopoly or agency 
the commerce of the other country shall receive fair and equitable treatment. 
To this end it is agreed that in making its foreign purchases of any product 
such monopoly or agency will be influenced solely by those considerations, 
such as price, quality, marketability, and terms of sale, which would ordi- 
narily be taken into account by a private commercial enterprise interested 
solely in purchasing such product on the most favorable terms. 

Article X 

In the event that the Government of the United States of America or the 
Government of the Republic of Ecuador establishes or maintains, directly 
or indirectly, any form of control of the means of international payment, it 
shall, in the administration of such control : 

(a) Impose no prohibition, restriction, nor delay on the transfer of 
payment for imported articles the growth, produce, or manufacture of the 
other country, or of payments necessary for and incidental to the importa- 
tion of such articles; 

(b) Accord unconditionally, with respect to rates of exchange and taxes 
or surcharges on exchange transactions in connection with payments for or 
payments necessary and incidental to the importation of articles the growth, 
produce, or manufacture of the other country, treatment no less favorable 
than that accorded in connection with the importation of any article what- 
soever the growth, produce, or manufacture of any third country; and 

(c) Accord unconditionally, with respect to all rules and formalities 
applying to exchange transactions in connection with payments for or 
payments necessary and incidental to the importation of articles the growth, 
produce, or manufacture of the other country, treatment no less favorable 



342 ECUADOR 

than that accorded in connection with the importation of the like articles the 
growth, produce, or manufacture of any third country. 

In the event that the Government of either country shall make represen- 
tations concerning the application by the Government of the other country 
of the provisions of this Article, the Government of such other country shall 
give sympathetic consideration to such representations, and if, within thirty 
days after the receipt of such representations, a satisfactory adjustment has not 
been made or an agreement has not been reached with respect to such rep- 
resentations, the Government making them may, within fifteen days after the 
expiration of the aforesaid period of thirty days, terminate this Agreement 
on thirty days' written notice. 

Article XI 

With respect to customs duties or charges of any kind imposed on or in 
connection with importation or exportation, and with respect to the method 
of levying such duties or charges, and with respect to all rules and formalities 
in connection with importation or exportation, and with respect to all laws 
or regulations affecting the sale, taxation or use of imported goods within the 
country, any advantage, favor, privilege or immunity which has been or may 
hereafter be granted by the United States of America or the Republic of Ecua- 
dor to any article originating in or destined for any third country, shall be 
accorded immediately and unconditionally to the like article originating in 
or destined for the Republic of Ecuador or the United States of America, 
respectively. 

Article XII 

Laws, regulations of administrative authorities and decisions of adminis- 
trative or judicial authorities of the United States of America or the Republic 
of Ecuador, respectively, pertaining to the classification of articles for cus- 
toms purposes or to rates of duty shall be published prompdy in such a man- 
ner as to enable traders to become acquainted with them. Such laws, 
regulations and decisions shall be applied uniformly at all ports of the 
respective country, except as otherwise specifically provided in statutes of the 
United States of America relating to articles imported into Puerto Rico. 

No administrative ruling by the United States of America or the Republic 
of Ecuador effecting advances in rates of duties or in charges applicable under 
an established and uniform practice to imports originating in the territory 
of the other country, or imposing any new requirement with respect to such 
importations, shall be effective retroactively or with respect to articles either 
entered for or withdrawn for consumption prior to the expiration of thirty 
days after the date of publication of notice of such ruling in the usual official 
manner. The provisions of this paragraph do not apply to administrative 
orders imposing anti-dumping duties, or relating to regulations for the pro- 



RECIPROCAL TRADE— AUGUST 6, 1938 343 

tection of human, animal, or plant life, or relating to public safety, or giving 
effect to judicial decisions. 

Article XIII 

In the event that the rate of exchange between the currencies of the 
United States of America and the Republic of Ecuador varies considerably 
from the rate obtaining on the day of the signature of this Agreement, the 
Government of either country, if it considers the change in rate so substan- 
tial as to prejudice the industry or commerce of the country, shall be free 
to propose negotiations for the modification of this Agreement or to terminate 
this Agreement in its entirety on thirty days' written notice. 

Article XIV 

Greater than nominal penalties will not be imposed in the United States 
of America or in the Republic of Ecuador upon importations of articles the 
growth, produce or manufacture of the other country because of errors in 
documentation obviously clerical in origin or where good faith can be 
established. 

The Government of each country will accord sympathetic consideration 
to, and when requested will afford adequate opportunity for consultation 
regarding, such representations as the other Government may make with 
respect to the operation of customs regulations, quantitative restrictions or 
the administration thereof, the observance of customs formalities, and the 
application of sanitary laws and regulations for the protection of human, 
animal, or plant life or health. 

In the event that the Government of either country makes representations 
to the Government of the other country in respect of the application of any 
sanitary law or regulation for the protection of human, animal, or plant life, 
and if there is disagreement with respect thereto, a committee of technical 
experts on which each Government shall be represented shall, on the request 
of either Government, be established to consider the matter and to submit 
recommendations to the two Governments. 

Article XV 

Except as otherwise provided in the second paragraph of this Article, 
the provisions of this Agreement relating to the treatment to be accorded by 
the United States of America and the Republic of Ecuador, respectively, 
to the commerce of the other country, shall not apply to the Philippine 
Islands, the Virgin Islands, American Samoa, the Island of Guam, or to the 
Panama Canal Zone. 

Subject to the reservations set forth in the third and fourth paragraphs 
of this Article, the provisions of this Agreement regarding most-favored- 
nation treatment shall apply to articles the growth, produce or manufacture 
of any territory under the sovereignty or authority of the United States of 



344 ECUADOR 

America or the Republic of Ecuador, imported from or exported to any 
territory under the sovereignty or authority of the other country. It is under- 
stood, however, that the provisions of this paragraph do not apply to the 
Panama Canal Zone. 

The advantages now accorded or which may hereafter be accorded by 
the United States of America or the Republic of Ecuador to adjacent coun- 
tries in order to facilitate frontier traffic, and advantages resulting from a 
customs union to which either the United States of America or the Republic 
of Ecuador may become a party so long as such advantages are not extended 
to any other country, shall be excepted from the operation of this Agreement. 

The advantages now accorded or which may hereafter be accorded by 
the United States of America, its territories or possessions or the Panama 
Canal Zone to one another or to the Republic of Cuba shall be excepted 
from the operation of this Agreement. The provisions of this paragraph 
shall continue to apply in respect of any advantages now or hereafter 
accorded by the United States of America, its territories or possessions or the 
Panama Canal Zone to one another, irrespective of any change in the politi- 
cal status of any of the territories or possessions of the United States of 
America. 

Article XVI 

Subject to the requirement that, under like circumstances and conditions, 
there shall be no arbitrary discrimination by either country against the other 
country - in favor of any third country, and without prejudice to the provi- 
sions of the second and third paragraphs of Article XIV, the provisions of 
this Agreement shall not extend to prohibitions or restrictions ( 1 ) imposed 
on moral or humanitarian grounds; (2) designed to protect human, animal 
or plant life or health; (3) relating to prison-made goods; (4) relating to 
the enforcement of police or revenue laws. 

Nothing in this Agreement shall be construed to prevent the adoption of 
measures prohibiting or restricting the exportation of gold or silver, or to 
prevent the adoption of such measures as either Government may see fit with 
respect to the control of the export or sale for export of arms, ammunition, 
or implements of war, and, in exceptional circumstances, all other military 
supplies. 

Article XVII 

In the event that the Government of the United States of America or the 
Government of the Republic of Ecuador adopts any measure which, even 
though it does not conflict with the terms of this Agreement, is considered 
by the Government of the other country to have the effect of nullifying or 
impairing any object of the Agreement, the Government which has adopted 
any such measure shall consider such representations and proposals as the 
other Government may make with a view to effecting a mutually satisfac- 
tory adjustment of the matter. 



RECIPROCAL TRADE— AUGUST 6, 1938 345 

Article XVIII 

The present Agreement shall, from the date on which it comes into force, 
supplant the modus vivendi between the United States of America and the 
Republic of Ecuador, effected by exchange of notes signed on June 12, 1936. 4 

Article XIX 

The present Agreement shall come into full force on the thirtieth day 
following proclamation thereof by the President of the United States of 
America and the Supreme Chief of the Republic of Ecuador, or should the 
proclamations be issued on different days, on the thirtieth day following the 
date of the later in time of such proclamations, and, subject to the provisions 
of Article VII, Article X, or Article XIII, shall remain in force and effect 
until six months from the day on whit h either Government shall give notice 
of its intention to terminate it. The Government of each country shall notify 
the Government of the other country of the date of its proclamation. 

In witness whereof the respective Plenipotentiaries have signed this Agree- 
ment and have affixed their seals hereto. 

Done in duplicate, in the English and Spanish languages, both authentic, 
at the City of Quito this sixth day of the month of August of the year one 
thousand nine hundred and thirty-eight. 

For the President of the United States of America 

Boaz Long [seal] 

For the Supreme Chief of the Republic of Ecuador 

Luis Bossano [seal] 



[For schedules annexed to agreement, see 53 Stat. 1968 or p. 18 of EAS 133.] 



4 TS 93, ante, p. 333. 



EXTRADITION 

Treaty signed at Quito September 22, 1939, supplementing treaty of 

June 28, 1872 
Senate advice and consent to ratification November 26, 1940 
Ratified by Ecuador December 11, 1940 

Ratified by the President of the United States December 20, 1940 
Ratifications exchanged at Washington January 23, 1941 
Proclaimed by the President of the United States May 19, 1941 
Entered into force May 29, 1941 

55 Stat. 1196; Treaty Series 972 

Supplementary Extradition Treaty Between the United States 

and Ecuador 

The United States of America and the Republic of Ecuador, being desirous 
of enlarging the list of crimes on account of which extradition may be granted 
under the treaty concluded between the two countries on June 28, 1872, 1 
with a view to the better administration of justice and the prevention of 
crimes in their respective territories and jurisdictions, have resolved to con- 
clude a supplementary treaty for this purpose and have appointed as their 
Plenipotentiaries, to wit : 

The President of the United States of America; His Excellency Boaz Long, 
Envoy Extraordinary and Minister Plenipotentiary of the United States of 
America to Ecuador, and 

The President of the Republic of Ecuador; His Excellency the Minister 
for Foreign Affairs, Doctor Julio Tobar Donoso. 

Who, after having exhibited to each other their respective full powers, 
which were found to be in due and proper form, have agreed to and con- 
cluded the following articles : 

Article I 

The High Contracting Parties agree that the following crimes are added 
to the list of crimes numbered 1st to 6th in the second Article of the Treaty 

*TS 79, ante, p. 321. 
346 



EXTRADITION— SEPTEMBER 22, 1939 347 

of Extradition concluded between the United States of America and the 
Republic of Ecuador on June 28, 1872; that is to say: 

7th. Embezzlement by a person hired or salaried, to the detriment of his 
employer, where the amount of money or the value of the property embezzled 
exceeds two hundred dollars, or Ecuadorean equivalent. 

8th. Perjury or the subornation of perjury. 

9th. Malicious destruction, or attempted destruction of railways, bridges, 
vessels, dwellings, public edifices, or other buildings, when the act endangers 
human life. 

10th. Abortion. 

1 1th. Abduction or detention of women or girls for immoral purposes. 

12th. Bigamy. 

13th. Kidnaping of minors or adults, defined to be the abduction or 
detention of a person or persons, in order to exact money from them, their 
families or any other person or persons, or for any other unlawful end. 

14th. Larceny, defined to be the fraudulent taking of effects, personal 
property, or money, of the value of twenty-five dollars or more, or Ecuadorean 
equivalent. 

15th. Obtaining money, valuable securities or other property by false 
pretenses, or receiving any money, valuable securities or other property know- 
ing the same to have been unlawfully obtained, where the amount of money 
or the value of the property so obtained or received exceeds two hundred 
dollars, or Ecuadorean equivalent. 

16th. Fraud or breach of trust by a bailee, banker, agent, factor, trustee, 
executor, administrator, guardian, director or officer of any company or cor- 
poration, or by anyone in any fiduciary position, where the amount of money 
or the value of the property misappropriated exceeds two hundred dollars, or 
Ecuadorean equivalent. 

17th. Bribery. 

1 8th. Crimes against the bankruptcy laws. 

19th. Crimes against the laws for the suppression of the traffic in narcotics. 

20th. Wilful desertion or wilful non-support of minor or dependent chil- 
dren, or of other dependent persons, provided that the crime is punishable 
by the laws of both countries. 

21st. Extradition shall also take place for participation in any of the 
crimes before referred to as an accessory before or after the fact or in any 
attempt to commit any of the aforesaid crimes. 

The extradition for the crimes or misdemeanors specified in the paragraphs 
7 to 2 1 will be granted when the individual required is accused or condemned 
as author, accomplice or concealer of an infraction of the Penal Code, punish- 
able in the United States and Ecuador with a penalty of not less than one year 
in prison. 

259-333—71 24 



348 ECUADOR 

Article II 

The present Treaty shall be considered as an integral part of the said 
Extradition Treaty of June 28, 1872 and it is agreed that the paragraph or 
crimes added by the present Treaty and numbered 21st herein shall be ap- 
plicable under appropriate circumstances to all the crimes listed in the said 
Treaty of June 28, 1872. 

Article III 

The present Treaty shall be ratified and the ratifications shall be exchanged 
at Washington as soon as possible. It shall come into force ten days after its 
publication in conformity with the laws of the High Contracting Parties, such 
period to be computed from its publication in the country last publishing, 
and it shall continue and terminate in the same manner as the said Treaty of 
June 28, 1872. 

In testimony whereof, the respective Plenipotentiaries have signed the 
present Treaty, in duplicate, and have hereunto affixed their seals. 

Done, in duplicate, at Quito, this twenty-second day of September, one 
thousand nine hundred and thirty nine. 

Boaz Long [seal] 

j. tobar donoso [seal] 



NAVAL MISSION 

Agreement signed at Washington December 12, 1940 

Entered into force December 12, 1940 

Amended by agreements of April 30, 1941 ; a January 27 and February 4, 
1949; 2 August 30 and December 6, 1954; 3 and February 25 and 
May 22, 1959* 

Extended by agreements of July 27 and August 22, 1944 (for two 
years) ; 5 June 17 and December 11, 1946 (for two years) ; 5 Janu- 
ary 27 and February 4, 1949 (for two years) ; 2 February 7 and 
April 18, 1951 (for four years) ; 6 and August 30 and December 6, 
1954 (indefinitely) 3 

54 Stat. 2429; Executive Agreement Series 188 

Agreement Between the Government of the United States of 
America and the Government of the Republic of Ecuador 

In conformity with the request of the Government of the Republic of 
Ecuador to the Government of the United States of America, the President 
of the United States of America has authorized the appointment of officers 
and enlisted men to constitute a Naval Mission to the Republic of Ecuador 
under the conditions specified below : 

Title I 
Purpose and Duration 

Article 1. The purpose of this Mission is to cooperate with the Minister 
of National Defense of Ecuador and with the personnel of the Ecuadoran 
Navy, with a view to enhancing the efficiency of the Ecuadoran Navy. 

Article 2. This Mission shall continue for a period of four years from the 
date of the signing of this Agreement by the accredited representatives of 
the Government of the United States and the Government of Ecuador, unless 
previously terminated or extended as hereinafter provided. Any member of 



1 EAS 206, post, p. 359. 
3 TIAS 1944, post, p. 450. 
'6UST777;TIAS3220. 
4 10UST 1095;TIAS4249. 
B Not printed. 
°3UST2957;TIAS2478. 



349 



350 ECUADOR 

the Mission may be recalled by the Government of the United States after 
the expiration of two years of service, in which case another member shall 
be furnished to replace him. 

Article 3. If the Government of Ecuador should desire that the services 
of the Mission be extended beyond the stipulated period, it shall make a writ- 
ten proposal to that effect six months before the expiration of this Agreement. 

Article 4. This Agreement may be terminated before the expiration of 
the period of four years prescribed in Article 2, or before the expiration of the 
extension authorized in Article 3, in the following manner: 

(a) By either of the Governments, subject to three months' written notice 
to the other Government ; 

(b) By the recall of the entire personnel of the Mission by the Govern- 
ment of the United States in the public interest of the United States, without 
necessity of compliance with provision (a) of this Article. 

Article 5. This Agreement is subject to cancellation upon the initiative 
of either the Government of Ecuador or the Government of the United States 
in case either country becomes involved in domestic or foreign hostilities. 

Title II 
Composition and Personnel 

Article 6. This Mission shall consist of a Chief of the Mission of the 
rank of Commander, Lieutenant Commander or Lieutenant on active service 
in the United States Navy and such other personnel of the United States 
Navy as may subsequently be agreed upon between the Ministry of National 
Defense of Ecuador through its authorized representative in Washington, 
and the Navy Department of the United States. 

Title III 

Duties, Rank and Precedence 

Article 7. The personnel of the Mission shall perform such duties as 
may be agreed upon between the Minister of National Defense of Ecuador 
and the Chief of the Mission. 

Article 8. The members of the Mission shall be responsible solely to the 
Minister of National Defense of Ecuador, through the Chief of the Mission. 

Article 9. Each member of the Mission shall serve on the Mission with 
the rank he holds in the United States Navy and shall wear the uniform of 
his rank in the United States Navy, but shall have precedence over all Ecua- 
doran officers of the same rank. 

Article 10. 7 Each member of the Mission shall be entitled to all benefits 



7 For an amendment in the payment and benefit procedures under arts. 10, 12, 13, 14, 16, 
17, 18, 19, 23, and 27, see agreement of Feb. 25 and May 22, 1959 (10 UST 1095; TIAS 
4249). 



NAVAL MISSION— DECEMBER 12, 1940 351 

or privileges which the Regulations of the Ecuadoran Navy provide for Ecua- 
doran officers and subordinate personnel of corresponding rank. 

Article 1 1 . The personnel of the Mission shall be governed by the dis- 
ciplinary regulations of the United States Navy. 

Title IV 

Compensation and Perquisites 

Article 12. Members of the Mission shall receive from the Government 
of Ecuador such net annual compensation as may be agreed upon between 
the Government of the United States and the Government of Ecuador for 
each member. This compensation shall be paid in twelve (12) equal monthly 
installments, each due and payable on the last day of the month. The com- 
pensation shall not be subject to any tax, now or hereafter in effect, of the 
Government of Ecuador or of any of its political or administrative subdivi- 
sions. Should there, however, at present or while this Agreement is in effect, 
be any taxes that might affect this compensation, such taxes shall be borne 
by the Ministry of National Defense of Ecuador in order to comply with the 
provision of this Article that the compensation agreed upon shall be net. 

Article 13. The compensation agreed upon in the preceding Article 
shall begin upon the date of departure from the United States of each mem- 
ber of the Mission and, except as otherwise expressly provided in this Agree- 
ment, shall continue after the termination of his service with the Mission 
during his return trip to the United States and thereafter for the period of any 
accumulated leave to which he is entitled. 

Article 14. The compensation due for the period of the return trip and 
accumulated leave shall be paid to a detached member of the Mission before 
his departure from Ecuador, and such payment shall be computed for travel 
by the shortest usually travelled sea route regardless of the route and method 
of travel used by the member of the Mission. 

Article 15. The Government of Ecuador shall grant, upon request 
of the Chief of the Mission, exemption from customs duties on articles im- 
ported by the members of the Mission for their personal use and for use of 
members of their families. 

Article 1 6. Compensation for transportation and travelling expenses in 
the Republic of Ecuador on official business of the Government of Ecuador 
shall be provided by the Government of Ecuador in accordance with the 
provisions of Article 1 0. 

Article 17. The Government of Ecuador shall provide the Chief of the 
Mission with a suitable automobile with chauffeur, for use on official busi- 
ness. Suitable motor transportation with chauffeur, and when necessary a 
launch properly equipped, shall on call be made available by the Government 
of Ecuador for use by the members of the Mission for the conduct of the 
official business of the Mission. 



352 ECUADOR 

Article 18. The Government of Ecuador shall provide suitable office 
space and facilities for the use of the members of the Mission. 

Article 19. If any member of the Mission should die while he is serv- 
ing under the terms of this Agreement, all compensation due the deceased 
member, including salary for the fifteen (15) days following his death, and 
reimbursement due the deceased member for expenses and transportation 
on trips made on official business of the Government of Ecuador, shall be 
paid to the widow of the deceased member or to any other person who may 
have been designated in writing by the deceased; but the widow or other 
person shall not be compensated for accrued leave due but not taken by the 
deceased. All compensations due the widow or other person designated by the 
deceased, under the provisions of this Article, shall be paid within fifteen ( 15 ) 
days after the death of the member. 

Title V 
Requisites and Conditions 

Article 20. So long as this Agreement, or any extension thereof, is in 
effect, the Government of Ecuador shall not engage the services of any person- 
nel of any other foreign government for duties of any nature connected with 
the Ecuadoran Navy, except by mutual agreement between the Government 
of the United States and the Government of Ecuador. 

Article 2 1 . Each member of the Mission shall agree not to divulge or 
in any way disclose to any foreign government or to any person whatsoever 
any secret or confidential matter of which he may become cognizant in his 
capacity as a member of the Mission. This requirement shall continue in force 
after the termination of service with the Mission and after the expiration or 
cancellation of this Agreement or any extension thereof. 

Article 22. Throughout this Agreement the term "family" is limited 
to mean wife and dependent children. 

Article 23. Each member of the Mission shall be entitled to one month's 
annual leave with pay, or to a proportional part thereof with pay for any 
fractional part of a year. Unused portions of said leave shall be cumulative 
from year to year during service as a member of the Mission. 

Article 24. The leave specified in the preceding Article may be spent 
in Ecuador, in the United States or in other countries, but the expenses of 
travel and transportation not otherwise provided for in this Agreement shall 
be borne by the member of the Mission taking such leave. All travel time, 
including sea travel, shall count as leave and shall not be in addition to the 
time authorized in the preceding Article. 

Article 25. The Government of Ecuador agrees to grant the leave 
specified in Article 23 upon receipt of written application, approved by the 
Chief of the Mission with due consideration for the convenience of the 
Government of Ecuador. 



NAVAL MISSION— DECEMBER 12, 1940 353 

Article 26. Members of the Mission that may be replaced shall ter- 
minate their services on the Mission only upon the arrival of their replace- 
ments, except when otherwise mutually agreed upon in advance by the 
respective Governments. 

Article 27. The Government of Ecuador shall provide suitable medical 
attention to members of the Mission and their families. In case a member 
of the Mission becomes ill or suffers injury, he shall, at the discretion of the 
Chief of the Mission, be placed in such hospital as the Chief of the Mission 
deems suitable, after consultation with the Ecuadoran naval authorities, and 
all expenses incurred as the result of such illness or injury while the patient 
is a member of the Mission and remains in Ecuador shall be paid by the 
Government of Ecuador. If the hospitalized member is a commissioned officer 
he shall pay his cost of subsistence, but if he is an enlisted man the cost of 
subsistence shall be paid by the Government of Ecuador. Families shall enjoy 
the same privileges agreed upon in this Article for members of the Mission, 
except that a member of the Mission shall in all cases pay the cost of subsis- 
tence incident to hospitalization of a member of his family except as may be 
provided under Article 1 0. 

Article 28. Any member of the Mission unable to perform his duties 
with the Mission by reason of long continued physical disability shall be 
replaced. 

In witness whereof, the undersigned, Cordell Hull, Secretary of State 
of the United States of America, and Colon Eloy Alfaro, Ambassador of 
the Republic of Ecuador, duly authorized thereto, have signed this Agree- 
ment in duplicate in the English and Spanish languages, at Washington, 
District of Columbia, United States of America, this twelfth day of December 
of 1940. 

Cordell Hull [seal] 
C E. Alfaro [seal] 



MILITARY AVIATION MISSION 

Agreement signed at Washington December 12, 1940 

Entered into force December 12, 1940 

Amended by agreements of April 30, 1941 ; 1 March 23 and May 17, 

1949; 2 and February 25 and May 23, 1959 3 
Extended by agreements of June 13 and July 13, 1944 (for four years) ; 4 

March 23 and May 17, 1949 (for two years) ; 2 and May 10 and 

23, 1955 (indefinitely) 6 

54 Stat. 2437; Executive Agreement Series 189 

Agreement Between the Government of the United States of 
America and the Government of the Republic of Ecuador 

In conformity with the request of the Government of the Republic of 
Ecuador to the Government of the United States of America, the President 
of the United States of America has authorized the appointment of officers 
and enlisted men to constitute a Military Aviation Mission to the Republic 
of Ecuador under the conditions specified below : 

Title I 
Purpose and Duration 

Article 1 . The purpose of this Mission is to cooperate with the Minister 
of National Defense of Ecuador and with the personnel of the Ecuadoran 
Air Force with a view to enhancing the efficiency of the Ecuadoran Air 
Force. 

Article 2. This Mission shall continue for a period of four years from 
the date of the signing of this Agreement by the accredited representatives 
of the Government of the United States and the Government of Ecuador, 
unless previously terminated or extended as hereinafter provided. Any mem- 
ber of the Mission may be recalled by the Government of the United States 
after the expiration of two years of service, in which case another member 
shall be furnished to replace him. 

1 EAS 207, post, p. 361. 
2 TIAS 1942, post, p. 453. 
3 10UST1095;TIAS4249. 
4 Not printed. 
6 6UST773;TIAS3219. 

354 



MILITARY AVIATION— DECEMBER 12, 1940 355 

Article 3. If the Government of Ecuador should desire that the services 
of the Mission be extended beyond the stipulated period, it shall make a 
written proposal to that effect six months before the expiration of this 
Agreement. 

Article 4. This Agreement may be terminated before the expiration of 
the period of four years prescribed in Article 2, or before the expiration of 
the extension authorized in Article 3, in the following manner: 

(a) By either of the Governments, subject to three months' written notice 
to the other Government ; 

(b) By the recall of the entire personnel of the Mission by the Govern- 
ment of the United States in the public interest of the United States, without 
necessity of compliance with provision (a) of this Article. 

Article 5. This Agreement is subject to cancellation upon the initiative 
of either the Government of Ecuador or the Government of the United States 
in case either country becomes involved in domestic or foreign hostilities. 

Title II 
Composition and Personnel 

Article 6. This Mission shall consist of a Chief of Mission of the rank of 
Colonel, Lieutenant Colonel or Major on active service in the United States 
Army Air Corps and such other personnel of the United States Army Air 
Corps as may subsequently be agreed upon between the Ministry of National 
Defense of Ecuador, through its authorized representative in Washington, 
and the War Department of the United States. 

Title III 
Duties, Rank and Precedence 

Article 7. The personnel of the Mission shall perform such duties as 
may be agreed upon between the Minister of National Defense of Ecuador 
and the Chief of the Mission. 

Article 8. The members of the Mission shall be responsible solely to the 
Minister of National Defense of Ecuador, through the Chief of the Mission. 

Article 9. Each member of the Mission shall serve on the Mission with 
the rank he holds in the United States Army Air Corps and shall wear the 
uniform of his rank in the United States Army Air Corps, but shall have 
precedence over all Ecuadoran officers of the same rank. 

Article 10. 6 Each member of the Mission shall be entitled to all benefits 
or privileges which the Regulations of the Ecuadoran Air Force provide for 
Ecuadoran officers and subordinate personnel of corresponding rank. 



'For an amendment in the payment and benefit procedures under arts. 10, 12, 13, 14, 
16, 17, 18, 19, 23, and 27, see agreement of Feb. 25 and May 22, 1959 (10 UST 1095; 
TIAS 4249). 



356 ECUADOR 

Article 1 1 . The personnel of the Mission shall be governed by the dis- 
ciplinary regulations of the United States Army Air Corps. 

Title IV 

Compensation and Perquisites 

Article 12. Members of the Mission shall receive from the Government 
of Ecuador such net annual compensation as may be agreed upon between 
the Government of the United States and the Government of Ecuador for 
each member. This compensation shall be paid in twelve (12) equal monthly 
installments, each due and payable on the last day of the month. The com- 
pensation shall not be subject to any tax, now or hereafter in effect, of the 
Government of Ecuador or of any of its political or administrative subdivi- 
sions. Should there, however, at present or while this Agreement is in effect, 
be any taxes that might affect this compensation, such taxes shall be borne 
by the Ministry of National Defense of Ecuador in order to comply with 
the provision of this Article that the compensation agreed upon shall be net. 

Article 13. The compensation agreed upon in the preceding Article 
shall begin upon the date of departure from the United States of each mem- 
ber of the Mission and, except as otherwise expressly provided in this Agree- 
ment, shall continue after the termination of his service with the Mission 
during his return trip to the United States and thereafter for the period of any 
accumulated leave to which he is entitled. 

Article 14. The compensation due for the period of the return trip and 
accumulated leave shall be paid to a detached member of the Mission before 
his departure from Ecuador, and such payment shall be computed for travel 
by the shortest usually travelled sea route regardless of the route and method 
of travel used by the member of the Mission. 

Article 15. The Government of Ecuador shall grant, upon request of 
the Chief of the Mission, exemption from customs duties on articles imported 
by the members of the Mission for their personal use and for the use of mem- 
bers of their families. 

Article 16. Compensation for transportation and travelling expenses in 
the Republic of Ecuador on official business of the Government of Ecuador 
shall be provided by the Government of Ecuador in accordance with the 
provisions of Article 10. 

Article 17. The Government of Ecuador shall provide the Chief of the 
Mission with a suitable automobile with chauffeur, for use on official business. 
Suitable motor transportation with chauffeur, and when necessary an airplane 
properly equipped, shall on call be made available by the Government of 
Ecuador for use by the members of the Mission for the conduct of the official 
business of the Mission. 



MILITARY AVIATION— DECEMBER 12, 1940 357 

Article 18. The Government of Ecuador shall provide suitable office 
space and facilities for the use of the members of the Mission. 

Article 19. If any member of the Mission should die while he is serv- 
ing under the terms of this Agreement, all compensation due the deceased 
member, including salary for the fifteen (15) days following his death, 
and reimbursement due the deceased member for expenses and transporta- 
tion on trips made on official business of the Government of Ecuador, shall 
be paid to the widow of the deceased member or to any other person who 
may have been designated in writing by the deceased; but the widow or 
other person shall not be compensated for accrued leave due but not taken 
by the deceased. All compensations due the widow or other person designated 
by the deceased, under the provisions of this Article, shall be paid within 
fifteen ( 15 ) days after the death of the member. 

Title V 

Requisites and Conditions 

Article 20. So long as this Agreement, or any extension thereof, is 
in effect, the Government of Ecuador shall not engage the services of any 
personnel of any other foreign government for duties of any nature connected 
with the Ecuadoran Air Force, except by mutual agreement between the 
Government of the United States and the Government of Ecuador. 

Article 21. Each member of the Mission shall agree not to divulge 
or in any way disclose to any foreign government or to any person whatso- 
ever any secret or confidential matter of which he may become cognizant 
in his capacity as a member of the Mission. This requirement shall continue 
in force after the termination of service with the Mission and after the 
expiration or cancellation of this Agreement or any extension thereof. 

Article 22. Throughout this Agreement the term "family" is limited 
to mean wife and dependent children. 

Article 23. Each member of the Mission shall be entitled to one month's 
annual leave with pay, or to a proportional part thereof with pay for any 
fractional part of a year. Unused portion of said leave shall be cumulative 
from year to year during service as a member of the Mission. 

Article 24. The leave specified in the preceding Article may be spent 
in Ecuador, in the United States or in other countries, but the expenses 
of travel and transportation not otherwise provided for in this Agreement 
shall be borne by the member of the Mission taking such leave. All travel 
time, including sea travel, shall count as leave and shall not be in addition 
to the time authorized in the preceding Article. 

Article 25. The Government of Ecuador agrees to grant the leave 
specified in Article 23 upon receipt of written application, approved by the 
Chief of the Mission with due consideration for the convenience of the 
Government of Ecuador. 



358 ECUADOR 

Article 26. Members of the Mission that may be replaced shall terminate 
their services on the Mission only upon the arrival of their replacements, ex- 
cept when otherwise mutually agreed upon in advance by the respective 
Governments. 

Article 27. The Government of Ecuador shall provide suitable medical 
attention to members of the Mission and their families. In case a member of 
the Mission becomes ill or suffers injury, he shall, at the discretion of the Chief 
of the Mission, be placed in such hospital as the Chief of the Mission deems 
suitable, after consultation with the Ecuadoran Air Force authorities, and all 
expenses incurred as the result of such illness or injury while the patient is a 
member of the Mission and remains in Ecuador shall be paid by the Govern- 
ment of Ecuador. If the hospitalized member is a commissioned officer he 
shall pay his cost of subsistence, but if he is an enlisted man the cost of 
subsistence shall be paid by the Government of Ecuador. Families shall enjoy 
the same privileges agreed upon in this Article for members of the Mission, 
except that a member of the Mission shall in all cases pay the cost of sub- 
sistence incident to hospitalization of a member of his family, except as may 
be provided under Article 10. 

Article 28. Any member of the Mission unable to perform his duties 
with the Mission by reason of long continued physical disability shall be 
replaced. 

In witness whereof, the undersigned, Cordell Hull, Secretary of State 
of the United States of America, and Colon Eloy Alfaro, Ambassador of the 
Republic of Ecuador, duly authorized thereto, have signed this Agreement in 
duplicate in the English and Spanish languages, at Washington, District of 
Columbia, United States of America, this twelfth day of December 1940. 

Cordell Hull [seal] 
C. E. Alfaro [seal] 



NAVAL MISSION 

Agreement signed at Washington April 30, 1941, modifying agreement 

of December 12, 1940 
Entered into force April 30, 1941 

55 Stat. 1263; Executive Agreement Series 206 

Additional Article to the Agreement of December 12,1 940 Providing 
for the Detail of a United States Naval Mission to Ecuador 

The Secretary of State of the United States of America and the Ambassador 
of the Republic of Ecuador at Washington hereby agree to the addition of the 
following article to the Agreement signed by them on December 12, 1940 x 
providing for the detail of a United States Naval Mission to the Republic of 
Ecuador. This additional article shall be considered to be an integral part of 
the Agreement signed on December 12, 1940, as fully and completely as if it 
had been included in that Agreement, and as such integral part shall be sub- 
ject to the provisions in regard to duration and termination concurrently with 
the other Articles of the Agreement. 

Additional Article. Each member of the Mission and each dependent 
member of his family shall be provided with first-class accommodations for 
travel required and performed under this agreement by the shortest usually 
traveled sea route between the port of embarkation in the United States 
of America and his official residence in Ecuador, and from his official resi- 
dence in Ecuador to the port of debarkation in the United States of America. 
Each member of the Mission shall be reimbursed for the expenses of ship- 
ment of his household effects, baggage and automobile; such reimbursement 
shall include all necessary expenses incident to unloading from the steamer 
upon arrival in Ecuador, cartage between the ship and the residence in 
Ecuador, and packing and loading on board the steamer upon departure 
from Ecuador. The cost of this transportation for members of the Mission, 
dependent members of their families, their household effects, baggage and 
automobile shall be borne by the Government of the United States of America. 
The transportation of such household effects, baggage and automobile shall 
be made in a single shipment and all subsequent shipments shall be at the 
expense of the respective members of the Mission except when the result of 



l EAS 188, ante, p. 349. 

359 



360 ECUADOR 

circumstances beyond their control. The provisions of this Article shall like- 
wise apply to officers and enlisted men who are subsequently detailed to Ecua- 
dor for temporary duty, as additional personnel, or replacements for members 
of the Mission. 

In witness whereof, Cordell Hull, Secretary of State of the United 
States of America, and Colon Eloy Alfaro, Ambassador of the Republic of 
Ecuador at Washington, duly authorized thereto, have signed this Agreement 
in duplicate, in the English and Spanish languages, at Washington, District 
of Columbia, United States of America, this thirtieth day of April 1941. 

Cordell Hull [seal] 
C. E. Alfaro [seal] 



MILITARY AVIATION MISSION 

Agreement signed at Washington, April 30, 1941, modifying agreement 

of December 12,1940 
Entered into force April 30, 1941 

55 Stat. 1265; Executive Agreement Series 207 

Additional Article to the Agreement of December 12, 1940 Provid- 
ing for the Detail of a United States Military Aviation Mission 
to Ecuador 

The Secretary of State of the United States of America and the Ambas- 
sador of the Republic of Ecuador at Washington hereby agree to the addition 
of the following article to the Agreement signed by them on December 12, 
1940 * providing for the detail of a United States Military Aviation Mission 
to the Republic of Ecuador. This additional article shall continue in effect 
until the termination of the Agreement to which it is an addition. 

Additional Article. Each member of the Mission and each dependent 
member of his family shall be provided with first-class accommodations for 
travel required and performed under this Agreement by the shortest usually 
traveled sea route between the port of embarkation in the United States of 
America and his official residence in Ecuador, and from his official residence in 
Ecuador to the port of debarkation in the United States of America. Each 
member of the Mission shall be reimbursed for the expenses of shipment of his 
household effects, baggage and automobile; such reimbursement shall include 
all necessary expenses incident to unloading from the steamer upon arrival in 
Ecuador, cartage between the ship and the residence in Ecuador, and packing 
and loading on board the steamer upon departure from Ecuador. The cost 
of this transportation for members of the Mission, dependent members of 
their families, their household effects, baggage and automobile shall be borne 
by the Government of the United States of America. The transportation of 
such household effects, baggage and automobile shall be made in a single 
shipment and all subsequent shipments shall be at the expense of the respec- 
tive members of the Mission except when the result of circumstances beyond 
their control. The provisions of this Article shall likewise apply to officers 
and enlisted men who are subsequently detailed to Ecuador for temporary 
duty, as additional personnel, or replacements for members of the Mission. 

"EAS 189, ante, p. 354. 

361 



362 ECUADOR 

In witness whereof, Cordell Hull, Secretary of State of the United 
States of America, and Colon Eloy Alfaro, Ambassador of the Republic of 
Ecuador at Washington, duly authorized thereto, have signed this Agreement 
in duplicate, in the English and Spanish languages, at Washington, District 
of Columbia, United States of America, this thirtieth day of April 1941. 

Cordell Hull [seal] 
C. E. Alfaro [seal] 



DEFENSE BASE AT SALINAS 

Agreement signed at Quito January 24, 1942 
Entered into force January 24, 1942 

Modified and amplified by agreements of February 20, 1942, 1 and 
October 1, 1942 2 

1942 For. Rel. (VI) 366 

Duly empowered by Colonel Carlos A. Guerrero, Minister for the National 
Defense of Ecuador, and by the Commanding General of the Caribbean 
Defense Command of the United States of America respectively, Colonel 
Alberto Carlos Romero, Superior Commander of the Army of Ecuador, and 
Brigadier General Edwin B. Lyon, United States Army, met and agreed 
on the following clauses which, to be of force, must be previously approved 
and ratified by the governments of Ecuador and the United States of 
America, 

1. The governments of the United States of America and Ecuador 
have, through their diplomatic representatives, reached an agreement of 
Cooperation by both the countries for the defense of the continent. 

2. To this effect, Colonel Alberto Carlos Romero empowers the Com- 
manding General of the Caribbean Defense Command to occupy the fields of 
the district Salinas, belonging to the jurisdiction of the same name, in order to 
build on them landing fields, headquarters, storage for fuel, warehouses, 
quays for shipping, etc. and to use them for military, naval and aerial pur- 
poses; as well as to install in the waters of the same territorial section buoys 
and to use them for landing of airplanes and anchorage of all kinds of ves- 
sels, etc. 

3. He also allows him to complete, within the same zone, radio installa- 
tions, submarine cables, etc., and to use them for military purposes. 

4. The boundaries of the fields and water areas where the above men- 
tioned constructions and installations will be effected, are fixed in the adjoin- 
ing sketch and plan. 3 

5. He also allows the Commanding General of the Caribbean Defense 
Command to organize an American police for internal service during the 

l Post, p. 366. 
''Post, p. 379. 
8 Not printed. For an amendment to art. 4, sec agreement of Oct. 1, 1942, post, p. 379. 

363 



364 ECUADOR 

stay of the personnel of the Army, Navy and Aviation of the United States 
of America on Ecuadorian soil. 4 

6. The above-mentioned constructions may be started as soon as the 
present agreement is signed. General Lyon agrees to recommend that there 
be paid immediately to the Government of Ecuador the sum of thirty five 
thousand American dollars for the expropriation of the terrains affected by 
this agreement and as indemnization for the constructions which must be 
demolished for the completion of the above mentioned works and installa- 
tions, this sum to be the total cost under the present plan of the rights 
granted by Ecuador to the United States. 5 

7. The Government of Ecuador takes charge of the legal procedure for 
the expropriation and evacuation of the real estate situated within the bound- 
aries of the aforesaid district of Salinas which General Lyon may request. 

8. The Government of the United States of America may empower 
any of its officials to carry out the works and installations comprised in the 
present agreement. 

9. The Government of Ecuador grants, under its guarantee, the remain- 
ing capacity of transportation by the railroad Guayaquil-Salinas, in order 
that it may be used to carry the passengers and cargo necessary for the 
authorized works and installations and for mutual defense. Such transporta- 
tion will be paid for by the United States Government at the regular tariff. 

10. The armed forces of the United States of America are empowered 
to take all measures and steps for the sanitation of the places occupied by 
them and their surroundings. 

1 1 . The roads and all means of conveyance and communication which 
are within the territory and those leading to it comprised in the present 
agreement, may be freely used by the armed forces of the United States. 

12. In any time and under any circumstance, the Government of Ecua- 
dor retains its sovereign power on the whole territory of the Republic, includ- 
ing the lands of the present territory. 6 

13. The arrival of the American forces at the places comprised in the 
present agreement and their stay in them during the existence of the afore- 
said agreement are permitted. 

14. If it were necessary to use the American land forces outside the area 
of Salinas, in cooperation with the Ecuadorian forces for mutual defense 
against a common enemy, the said land forces of both the nations would be 
put under command of the Ecuadorian officer whom the Government of 
Ecuador would appoint. The American Air forces, of the Army as well as of 
the Navy, will remain always under the Commanding General, Caribbean 
Defense Command for the general defense of the Canal area. 



* For an amendment to art. 5, see agreement of Feb. 20, 1942, post, p. 366. 
s For amendments to art. 6, see agreements of Feb. 20, 1942, and Oct. 1, 1942, post, 
pp. 366 and 379. 

6 For an amendment of art. 12, see agreement of Feb. 20, 1942, post, p. 367. 



DEFENSE BASE AT SALINAS— JANUARY 24, 1942 365 

15. The present agreement will be in force until one year after the sig- 
nature of peace by the Government of the United States of America with 
the Axis Powers, and it may be renewed after this time by agreement of both 
parties. 7 

Quito, January 24, 1942 

A. Alban Borja William M. Sergeant 

R. Astudillo Lt. (C.E.C.) USNR 

Witnessed by Alberto Romero Witnessed by E. B. Lyon 

Coronet Ecuador Brig. Genl. U.S. Army 



' For an amendment of art. 15, see agreement of Feb. 20, 1942, post, p. 367. 



DEFENSE BASE AT SALINAS 

Agreement signed at Quito February 20, 1942, modifying and amplify- 
ing agreement of January 24, 1942 
Entered into force February 20, 1942 

1942 For. Rel. (VI) 370 

Duly empowered by Colonel Alberto C. Romero, Minister for the National 
Defense of Ecuador, and by the Commanding General of the Caribbean De- 
fense Command of the United States of America, respectively, Colonel 
Ricardo Astudillo, Superior Commander of the Army of Ecuador, and 
Colonel Serafin M. Montesinos, United States Army, met to modify and 
amplify the Agreement which was effected January 24, 1942. 1 These modi- 
fications and amplifications, as well as the Agreement mentioned, must be 
previously ratified by the Governments of Ecuador and the United States in 
order to be in effect. 

Insert a) Articles 1, 2, 3, and 4 remain the same as stated in the Agree- 
ment. 
Insert b ) Article 5 of the Agreement is modified as follows : 

He also allows the Commanding General of the Caribbean Defense Com- 
mand to organize an American police for internal service during the stay 
of the personnel of the Army, Navy, and Aviation of the United States of 
America on Ecuadoran soil, the said American police to exercise its functions 
in the parish of Salinas. This will not prevent the Government of the Re- 
public of Ecuador to maintain its own police in the said zone. In order to put 
this article into effect, the Commander of the North American Base and 
the Ecuadorian Commander of the Province of Guayas will determine the 
norms for its execution. 

Insert c) Article 6 of the Agreement is modified as follows: 

The constructions and installations authorized may be started immediately 
upon the signing of the present Agreement. General Lyon agrees to recom- 
mend that the sum of thirty-five thousand dollars ($35,000.00) be delivered 
immediately to the Government of Ecuador for the expropriation and indem- 
nization for the lands and dwellings of the Municipality of Salinas and of 
private citizens established on the lands pertaining to this Agreement, and 

1 Ante, p. 363. 

366 



DEFENSE BASE AT SALINAS— FEBRUARY 20, 1942 367 

for the demolition of the existing structures that may be necessary for the 
constructions and installations indicated above. 2 

Insert d) Articles 7, 8, 9, 10, and 1 1 remain the same, as stated in the 

Agreement. 
Insert e) Article 12 of the Agreement is modified as follows: 

It is understood that the Government of Ecuador does not lose sovereignty 
over the lands nor the territorial waters gratuitously ceded, and which will 
be occupied by the Arms and Services referred to in this Agreement, and, 
therefore, the United States does not acquire ownership of them. Upon the 
termination of the life of this Agreement the structures erected, excepting 
armament, machinery, equipment, instruments, etc., will become the 
exclusive property of the Government of Ecuador. 

Insert f ) Articles 13 and 14 remain the same as stated in the Agreement. 
Insert g) Article 15 of the Agreement is modified as follows: 

This Agreement shall be in force and shall continue in effect for the 
period of the present war emergency and may continue thereafter, if, in 
the opinion of the two Governments, there still exists the danger of aggres- 
sion by a non-American power against an American power. 

Insert h) To the Agreement shall be added the following Article: 

Art. 16. The Ministry of National Defense of Ecuador, through a duly 
authorized representative, shall have the right to inspect the works and 
constructions undertaken by the North American troops, and in general 
all the zone occupied by them, for the purpose of effecting coordination 
for the mutual defense. 

Signed at Quito, the 20th day of February 1942. 

Coronel Ing. Ricardo Astudillo Serafin M. Montesinos 

Colonel, U.S. Army 

Witness: Witness: 

A. Alban Borja T. S. Stern 

Ensign, U.S.N. 



2 For a later amendment to art. 6, see agreement of Oct. 1, 1942, post, p. 379. 



HEALTH AND SANITATION PROGRAM 

Exchange of notes at Washington February 24, 1942 

Entered into force February 24, 1942 

Supplemented by agreements of December 23, 1944, and January 15, 
1945; x June 21, 1947; 2 August 6 and 18, 1948; 3 July 26 and 
August 22, 1949; 4 September 15, 1950; 5 September 27, 1951; 6 
October 4 and 24, 1951; 7 and March 18 and 31, 1952 8 

Extended by agreements of December 23, 1944, and January 15, 1945; 1 
June 21, 1947; 2 August 6 and 18, 1948; 3 July 26 and August 22, 
1949; 4 September 15, 1950; 5 and March 17 and April 12, 1955 9 

Expired June 30, 1960 

57 Stat. 1370; Executive Agreement Series 379 

The Acting Secretary of State to the Ecuadorean Minister Counselor 

Department of State 

Washington 
February 24, 1942 
My dear Dr. Salazar : 

I refer to point 4 of the memorandum of January 29, 1942 which was 
delivered to the Government of Ecuador by the Government of the United 
States at Rio de Janeiro, committing my Government to assist the Govern- 
ment of Ecuador in an amount not to exceed $2,000,000 to be expended 
in ways which will contribute to the attainment of the objectives of that 
Government in matters of health and sanitation. 

In fulfilment of this commitment and in accordance with Resolution XXX 
of the Third Meeting of the Ministers of Foreign Affairs of the American 



1 EAS 473, post, p. 398. 

2 TIAS 1645, post, p. 415. 
' TIAS 2003, post, p. 443. 
4 TIAS 2018, post, p. 456. 
MUST 760; TIAS 2147. 

6 2 UST 2133; TIAS 2339. 
' 3 UST 584; TIAS 2419. 
8 3 UST 4023 ; TIAS 2542. 
'6 UST 3049; TIAS 3352. 



368 



HEALTH AND SANITATION— FEBRUARY 24, 1942 369 

Republics at Rio de Janeiro, 10 the Government of the United States, acting 
through the agency of the Coordinator of Inter-American Affairs, is sending, 
upon your request, a small group of experts to Ecuador in the immediate 
future in order to develop a specific program in agreement with the Govern- 
ment of Ecuador, acting through the agency of the Municipality of Quito 
and the Junta de Beneficencia of Guayaquil. This group will be under the 
immediate direction of the Chief Medical Officer of the Office of the 
Coordinator of Inter-American Affairs and will work in the closest coopera- 
tion with the appropriate Ecuadoran officials. Approval for the actual execu- 
tion of the specific projects agreed upon will be made by the respective 
Governments or their duly appointed agents upon recommendation of the 
Chief Medical Officer, acting in cooperation with the appropriate officials 
of the Municipality of Quito or the Junta de Beneficencia of Guayaquil, or 
with appropriate officials designated by the Ecuadoran Government for 
such projects as might be undertaken outside of the municipal areas of Quito 
and Guayaquil. Expenditures for such projects shall be made upon certifica- 
tion of the Chief Medical Officer and the appropriate Ecuadoran official 
designated for the areas where projects will be executed. 

The specific projects of interest to the Ecuadoran Government include: 

1. For Quito: 

1 . Improvement of the sewage system. 

2. Improvement of the waste disposal system for garbage and rubbish. 

3. Expansion of a malaria control system near Quito. 

4. Improvement of disease control by means of hospitals, clinics and 
educational measures. 

5. General cooperation with the Ecuadoran Health Department. 

2. For Guayaquil: 

1 . Improvement of the sewage system. 

2. Improvement of the waste disposal system for garbage and rubbish. 

3. Expansion of the malaria control system, including such extension 
of the Malecon river wall as may contribute to that objective. 

4. Extension of the plague control system by means of rodent control 
along the Guayaquil and Quito Railroad. 

5. Improvement of disease control by means of hospitals, clinics and edu- 
cational measures. 

3. In addition, in cooperation with the appropriate officials of the Ecuadoran 
Government, recommendations will be made by the Chief Medical Officer 
for such health and sanitation programs as might be executed outside the 
municipal areas of Quito and Guayaquil. 

10 For text, see Department of State Bulletin, Feb. 7, 1942, p. 137. 



370 ECUADOR 

These projects upon completion will of course become the sole property 
of the Ecuadoran Government. The United States Government will be 
prepared to facilitate such training of Ecuadoran personnel as the two Gov- 
ernments may deem advisable. 

The Ecuadoran Government will, it is understood, be willing to provide, 
in accordance with its ability, such raw materials, services and funds as 
may be deemed necessary for the proper carrying out of the program. 
Sincerely yours, 

Sumner Welles 
Acting Secretary 
The Honorable 

Sehor Dr. Eduardo Salazar, 
Minister Counselor of the 
Ecuadoran Embassy. 



The Ecuadorean Minister Counselor to the Acting Secretary of State 

February 24, 1942 



EMBAJADA DEL ECUADOR 
WASHINGTON 



My dear Mr. Welles : 

I acknowledge the receipt of your letter of February 24, 1942, in which 
you set forth the specific measures by which the Government of the United 
States proposes to fulfill in the immediate future its commitment under 
point 4 of the memorandum of January 29, 1942 to contribute an amount 
not to exceed $2,000,000 for expending in ways which will assist in the attain- 
ment of the objectives of my Government in matters of health and sanitation. 

Under the authority granted to me by His Excellency the President of 
Ecuador, and His Excellency the Minister of Foreign Affairs in a telegram 
of February 1 1, 1942, it is my pleasure to inform you that the projects out- 
lined in your letter, and the terms relating thereto, are entirely satisfactory 
to the Government of Ecuador. I wish to assure you at this time that, once 
the projects have been completed and thereby become the sole property 
and responsibility of the Government of Ecuador, adequate measures of 
maintenance for the projects will be taken in order that the resulting benefits 
may be preserved. 

The Government of Ecuador further agrees, in accordance with Article 1 
of Resolution XXX of the Third Meeting of the Ministers of Foreign Affairs 
of the American Republics at Rio de Janeiro, to provide, in accordance with 
its ability, raw materials, services, and funds for the projects agreed upon. 

It is my further understanding that the salaries and expenses of the small 
group of experts mentioned in your letter will be paid for by the Office of the 



HEALTH AND SANITATION— FEBRUARY 24, 1942 371 

Coordinator of Inter-American Affairs and will not be debited against proj- 
ect funds in the amount of $2,000,000 as agreed upon. 
Sincerely yours, 



E. Salazar 



The Honorable 

Sumner Welles, 

Acting Secretary of State 

of the United States of America, 
Washington, D.C. 



259 333—71- 



RECIPROCAL TRADE 

Exchange of notes at Quito March 2, 1942, modifying agreement of 

August 6, 1938 
Entered into force March 2, 1942 
Terminated July 17, 1956 1 

56 Stat. 1472; Executive Agreement Series 248 
The Minister of Foreign Affairs to the American Minister 

[TRANSLATION] 

REPUBLIC OF ECUADOR 

MINISTRY OF FOREIGN AFFAIRS 

COMMERCIAL OFFICE 

No. 33-DC-9 Quito, March 2, 1942 

subject: modification of the trade agreement between ecuador and 
the united states of america 

Mr. Minister: 

I have the honor to refer to recent conversations which have taken place 
with regard to the financial emergency with which the Government of the 
Republic of Ecuador is today confronted and, in that connection, to certain 
provisions of the trade agreement between the Republic of Ecuador and the 
United States of America signed at Quito on August 6, 1938, as amended by 
notes exchanged at Quito on August 6, 1938, September 9, 1938, and 
September 13, 1938. 2 

In the course of these conversations it has been pointed out that the Gov- 
ernment of the Republic of Ecuador finds it necessary, as a fiscal measure 
designed solely to meet the existing financial emergency, to augment customs 
revenues, which make up such a large percentage of total revenues, to an 
extent deemed necessary to safeguard vital interests of the nation. 

Consideration was given to the possibility of terminating both schedules 
of the trade agreement as a way out of the difficulty; but neither Government 
desires to adopt this course if it should be possible to avoid it. Therefore, the 
conversations to which I have referred have disclosed a mutual understanding 
which, specifically, is as follows : 



1 Pursuant to notice of termination given by the United States Jan. 17. 1956. 
2 EAS 133, ante, p. 338. 



372 



RECIPROCAL TRADE— MARCH 2, 1942 373 

In. view of the existing circumstances, the Government of the United States 
of America will not invoke the provisions of article I of the trade agreement 
in respect of the application of the proposed increase in customs duties to arti- 
cles imported into Ecuador from the United States which are included in 
schedule I of the agreement. It is understood that such increase will be applied 
equally to all dutiable imports from all foreign countries and that such in- 
crease will not become effective with regard to imports from the United States 
prior to a period of 30 days from the date of this note. It is understood, 
further, that such increase will be reduced and finally eliminated as soon as 
Ecuador's fiscal situation improves sufficiently to warrant such a measure. 

I also desire to take this occasion to confirm the understanding which has 
been reached between the Government of the Republic of Ecuador and the 
Government of the United States of America that, notwithstanding the provi- 
sions of article X of the trade agreement concerning the control of foreign- 
exchange transactions relating to trade between the two countries, the 
Governments of the two countries agree to apply and administer any control 
over such transactions as follows: 

1. If the Government of either country establishes or maintains any form 
of control of the means of effecting international payments, it shall accord 
unconditional most-favored-nation treatment to the commerce of the other 
country with respect to all aspects of such control. 

2. The Government establishing or maintaining such control shall impose 
no prohibition, restriction, or delay on the transfer of payment for any article 
the growth, produce, or manufacture of the other country which is not im- 
posed on the transfer of payment for a like article the growth, produce, or 
manufacture of any third country. With respect to rates of exchange and 
with respect to taxes or charges on exchange transactions, articles the growth, 
produce, or manufacture of the other country shall unconditionally receive 
treatment no less favorable than that accorded to like articles the growth, 
produce, or manufacture of any third country. The foregoing provisions shall 
also extend to the application of such control to payments incidental to or 
necessary for the importation of articles the growth, produce, or manufacture 
of the other country. In general, the control shall be administered so as not 
to influence to the disadvantage of the other country the competitive relation- 
ship between the articles the growth, produce, or manufacture of that 
country and like articles the growth, produce, or manufacture of third 
countries. 

It is further understood that none of the provisions of paragraphs 1 and 2 
above or of the trade agreement of August 6, 1938, as amended, shall prevent 
either of the two countries from adopting or putting into effect measures 
relating to public security or imposed for the protection of the country's 
essential interests in time of war or other national emergency. 



374 ECUADOR 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ances of my highest consideration. 

J. Tobar Donoso 

His Excellency 
Boaz Long, 

Envoy Extraordinary and Minister Plenipotentiary 
of the United States of America, 
City. 



The American Minister to the Minister of Foreign Affairs 

Legation of the 
United States of America 
No 58 Quito, March 2, 1942 

Excellency: 

I have the honor to acknowledge the receipt of Your Excellency's Note 
No. 33-DC-9 of today's date with regard to the mutual understanding 
reached between representatives of the Government of the United States of 
America and the Government of the Republic of Ecuador concerning the 
application of certain provisions of the Trade Agreement between our two 
countries. 

I have the honor to confirm the statement in Your Excellency's Note of 
the understanding reached with reference to the matters dealt with therein. 

Please accept, Excellency, the renewed assurances of my highest and most 
distinguished consideration. 

Boaz Long 

His Excellency 

Dr. Julio Tobar Donoso, 

Minister for Foreign Affairs, 
Quito. 



LEND-LEASE x 

Agreement signed at Washington April 6, 1942 
Entered into force April 6, 1942 

1942 For. Rel. (VI) 379 

Whereas the United States of America and the Republic of Ecuador 
declare that in conformity with the principles set forth in the Declaration 
of Lima, approved at the Eighth International Conference of American States 
on December 24, 1938, 2 they, together with all the other American republics, 
are united in the defense of the Americas, determined to secure for themselves 
and for each other the enjoyment of their own fortunes and their own talents ; 
and 

Whereas the President of the United States of America, pursuant to the 
Act of the Congress of the United States of America of March 11, 1941, 3 
and the President of the Republic of Ecuador have determined, that the 
defense of each of the American republics is vital to the defense of all of them; 
and 

Whereas the United States of America and the Republic of Ecuador are 
mutually desirous of concluding an Agreement for the providing of defense 
articles and defense information by either country to the other country, and 
the making of such an Agreement has been in all respects duly authorized, 
and all acts, conditions and formalities which it may have been necessary to 
perform, fulfill or execute prior to the making of such an Agreement in con- 
formity with the laws either of the United States of America or of the Republic 
of Ecuador have been performed, fulfilled or executed as required ; 

The undersigned, being duly authorized for that purpose, have agreed as 
follows : 

Article I 

The United States of America proposes to transfer to the Republic of 
Ecuador under the terms of this Agreement armaments and munitions of war 
to a total value of about $1 7,000,000. 



1 Final settlement payment made on Feb. 12, 1951, and reported in 32d Report to Con- 
gress on Lend-Lcasc Operations, p. 3; arrangement for settlement of certain accounts 
contingent to this agreement signed Aug. 28, 1956, and final payment reported in 43d 
lend-lease report, p. 2. 

'Ante, vol. 3, p. 534. 

3 55 Stat. 31. 

375 



376 ECUADOR 

In conformity, however, with the Act of the Congress of the United 
States of America of March 11, 1941 , the United States of America reserves 
the right at any time to suspend, defer, or stop deliveries whenever, in the 
opinion of the President of the United States of America, further deliveries are 
not consistent with the needs of the defense of the United States of America 
or the Western Hemisphere; and the Republic of Ecuador similarly reserves 
the right to suspend, defer, or stop acceptance of deliveries under the present 
Agreement, when, in the opinion of the President of the Republic of Ecuador, 
the defense needs of the Republic of Ecuador or the Western Hemisphere are 
not served by continuance of the deliveries. 

Article II 

Records shall be kept of all defense articles transferred under this Agree- 
ment, and not less than every ninety days schedules of such defense articles 
shall be exchanged and reviewed. 

The Government of the United States of America agrees to accord to the 
Government of the Republic of Ecuador a reduction of 96.47 percent in the 
scheduled cost of the materials delivered in compliance with the stipula- 
tions of the present Agreement; and the Government of the Republic of 
Ecuador promises to pay in dollars into the Treasury of the United States of 
America 3.53 percent of the scheduled cost of the materials delivered. The 
Republic of Ecuador shall not be required to pay 

more than a total of $100,000 before January 1, 1943, 
more than a total of $200,000 before January 1, 1944, 
more than a total of $300,000 before January 1, 1945, 
more than a total of $400,000 before January 1, 1946, 
more than a total of $500,000 before January 1, 1947, or 
more than a total of $600,000 before January 1, 1948. 

Article III 

The United States of America and the Republic of Ecuador, recognizing 
that the measures herein provided for their common defense and united re- 
sistance to aggression are taken for the further purpose of laying the bases for 
a just and enduring peace, agree, since such measures cannot be effective 
or such a peace flourish under the burden of an excessive debt, that upon the 
payments above provided all fiscal obligations of the Republic of Ecuador 
hereunder shall be discharged; and for the same purpose they further agree, 
in conformity with the principles and program set forth in Resolution XXV 
on Economic and Financial Cooperation of the Second Meeting of the Min- 
isters of Foreign Affairs of the American Republics at Habana, July 1940, 4 to 
cooperate with each other and with other nations to negotiate fair and equi- 



4 For text, see Department of State Bulletin, Aug. 24, 1940, p. 141. 



LEND-LEASE— APRIL 6, 1942 377 

table commodity agreements with respect to the products of either of them 
and of other nations in which marketing problems exist, and to cooperate 
with each other and with other nations to relieve the distress and want caused 
by the war wherever, and as soon as, such relief will be succor to the oppressed 
and will not aid the aggressor. 

Article IV 

Should circumstances arise in which the United States of America in its 
own defense or in the defense of the Americas shall require defense articles 
or defense information which the Republic of Ecuador is in a position to sup- 
ply, the Republic of Ecuador will make such defense articles and defense in- 
formation available to the United States of America, to the extent possible 
without harm to its economy and under terms to be agreed upon. 

Article V 

The Republic of Ecuador undertakes that it will not, without the consent 
of the President of the United States of America, transfer title to or possession 
of any defense article or defense information received under this Agreement, 
or permit its use by anyone not an officer, employee, or agent of the Republic 
of Ecuador. 

Similarly, the United States of America undertakes that it will not, without 
the consent of the President of the Republic of Ecuador, transfer title to or 
possession of any defense article or defense information received in accord- 
ance with Article IV of this Agreement, or permit its use by anyone not an 
officer, employee, or agent of the United States of America. 

Article VI 

If, as a result of the transfer to the Republic of Ecuador of any defense arti- 
cle or defense information, it is necessary for the Republic of Ecuador to take 
any action or make any payment in order fully to protect any of the rights 
of any citizen of the United States of America who has patent rights in and 
to any such defense article or information, the Republic of Ecuador will do 
so, when so requested by the President of the United States of America. 

Similarly, if, as a result of the transfer to the United States of America of 
any defense article or defense information, it is necessary for the United States 
of America to take any action or make any payment in order fully to protect 
any of the rights of any citizen of the Republic of Ecuador who has patent 
rights in and to any such defense article or information, the United States of 
America will do so, when so requested by the President of the Republic of 
Ecuador. 

Article VII 

This Agreement shall continue in force from the date on which it is signed 
until a date agreed upon between the two Governments. 



378 ECUADOR 

Signed and sealed in the English and Spanish languages, in duplicate, at 
Washington, this sixth day of April, 1942. 

For the United States of America: 
Sumner Welles 
Acting Secretary of State of the 
United States of America 

For the Republic of Ecuador: 

C. E. Alfaro 

Ambassador Extraordinary and 
Plenipotentiary of the Re- 
public of Ecuador at Wash- 
ington 



DEFENSE BASE AT SALINAS 

Agreement signed at Quito October 1, 1942, modifying and amplifying 

agreement of January 24, 1942, as modified and amplified 
Entered into force October 1, 1942 

1942 For. Rel. (VI) 376 

Duly empowered by Colonel Alberto C. Romero, Minister of National 
Defense of Ecuador, and by the Commanding General of the Caribbean 
Defense Command of the United States of America, respectively, Colonel 
Ricardo Astudillo, Superior Commander of the Army of Ecuador, and 
Colonel Serafin M. Montesinos, United States Army, met to modify and 
amplify Articles 4 and 6 of the Agreement signed January 24, 1942 1 as 
modified by the Agreement signed February 20, 1942. 2 These modifications 
and amplifications must be previously ratified by the Governments of Ecua- 
dor and the United States in order to be in effect. 

Article 4 is amended to read as follows : 

The boundaries of the fields and water areas where the above mentioned 
constructions and installations will be effected, are fixed in the adjoining 
sketch plan, 3 except the North-South boundary which is changed as shown 
in the accompanying topographical map: 3 "War Department, Office of the 
Division Engineer, Panama Division, Dated August 26, 1942, Scale 1"= 
600'. Drawing N° 5767." 

Article 6 is amended to read as follows : 

The constructions and installations authorized may be started immediately 
upon the signing of the present agreement. The Government of the United 
States agrees to deliver to the Government of Ecuador the sum of seventy one 
thousand five hundred dollars ($71 ,500.00 ) for the expropriation and indem- 
nization for the lands and dwellings of the Municipality of Salinas and of 
private citizens established on the lands pertaining to this Agreement, and 



1 Ante, p. 363. 
-Ante, p. 366. 
' Not printed. 

379 

259-333—71 26 



380 



ECUADOR 



for the demolition of the existing structures that may be necessary for the 
constructions and installations indicated above. 

Signed at Quito on the 1st. day of October, 1 942. 

RlCARDO ASTUDILLO, SERAFIN M. MONTESINOS 

Coronel Ing. Colonel U.S. Army 

Witness : Witness : 

Cristobal Toledo S. Harry N. Renshaw 

Coronel Jefe E.M.G. Lt.Col.,A.C. 



AGRICULTURAL EXPERIMENT STATION 

Exchange of notes at Washington October 20 and 29, 1942, with mem- 
orandum of understanding of August 12, 1942 

Entered into force October 29, 1942; memorandum of understanding 
operative from August 12, 1942 

Superseded by agreement of January 26 and April 16, 1948 x 

56 Stat. 1787; Executive Agreement Series 284 

The Acting Secretary of State to the Ecuadorean Ambassador 

Department of State 

Washington 
October 20, 1942 

Excellency: 

I have the honor to refer to a Memorandum of Understanding dated 
August 12, 1942, and signed by the Honorable Claude R. Wickard, Secre- 
tary of Agriculture of the United States of America, by His Excellency 
Ricardo Crespo Ordonez, Minister of Agriculture of the Republic of Ecuador, 
and by Mr. Eric F. Lamb and Sefior V. Illingworth, General Manager and 
President, respectively, of the Corporation Ecuatoriana de Fomento, relating 
to the establishment and operation of an agricultural experiment station in 
Ecuador, which reads in English and Spanish as follows: 

MEMORANDUM OF UNDERSTANDING 

In conformity with the desire of the Government of Ecuador that the 
Government of the United States of America and the Ecuadoran Devel- 
opment Corporation cooperate with the Government of Ecuador in the 
establishment and operation of an agricultural experiment station in Ecuador 
for the purpose of promoting the production of basic and strategic agri- 
cultural products, the Government of the United States of America through 
the United States Department of Agriculture, the Ecuadoran Development 
Corporation, and the Government of Ecuador, have reached the following 
understanding: 

1. The general functions of the station shall include: (a) agronomic 
production investigations necessary to permanent agriculture over the whole 
of Ecuador with complementary products, particularly cocoa, rubber, abaca, 

'TIAS 1875, post, p. 434. 

381 



382 ECUADOR 

and barbasco as the cash crops; (b) assistance to the Corporation in the 
establishment of approved agricultural practices by agricultural extension 
work as liaison between the station and the private farms; (c) the propaga- 
tion of planting material for distribution by the Corporation to farmers; 

(d) cooperation with other agricultural institutions of the Western Hemi- 
sphere in the promotion of tropical agriculture through consultation and the 
exchange of propagating material, scientific information, and personnel; 

(e) cooperation with public health, colonization, and agricultural rehabilita- 
tion agencies of the United States of America, Ecuador, and the Western 
Hemisphere in the development of agriculture in Ecuador; and (f ) consider- 
ation being given to the possibility that the Ecuadoran Development Cor- 
poration will foster the planting of several thousand hectares of Hevea rubber, 
abaca, and barbasco in Ecuador, the station will give full technical assistance 
to such a planting program. 

2. The Government of Ecuador will make available all land necessary 
to conduct investigations and demonstration work designed to promote the 
profitable production of export crops, such as cocoa, rubber, fibers, insec- 
ticides, medicinals, vegetable oils, et cetera, and increase the income and 
foreign trade of the people of Ecuador. Such land shall be selected by the 
director of the station in cooperation with the appropriate governmental 
agency of Ecuador and the Ecuadoran Development Corporation, and the 
Government of Ecuador shall permit the continued use of the land by the 
experiment station free of charge. The land shall include a minimum of 
500 hectares for the central station, and at least three other parcels with a 
minimum of 50 hectares each which shall be representative of various natural 
land division. 

3. The Ecuadoran Government will also supply the funds necessary for, 

(a) the preparation, printing and distribution of four types of publications 
to be issued by the station, as follows : 

( 1 ) A popular Spanish periodical written for the farm family and con- 
taining articles by the staff and other qualified persons on such subjects as 
health, hygiene, community organization, information on the Pacific region, 
aims of the experiment station, treatment of agricultural practices and 
methodology, 

(2) farm circulars written in Spanish and issued as required, dealing 
with specific farm practices or products, 

(3) technical bulletins in English or Spanish dealing with the results of 
specific scientific investigation at the station, and 

(4) an annual report in Spanish, covering the work of the station per- 
formed during the year, and the status of agriculture in the region; 

(b) the services of at least one Ecuadoran scientist to cooperate with each 
scientist detailed to the station by the United States Department of Agri- 



AGRICULTURAL STATION— OCT. 20 AND 29, 1942 383 

culture, and the services of technologists qualified in the fields of land-survey- 
ing, topography, drainage, drafting, minor construction, chemical analysis 
and library management; (c) stenographers, clerks, mechanics, machinists, 
field plot and laboratory assistants, and such unskilled labor as may be 
necessary to conduct the work of the experiment station; and (d) the 
transportation expenses incurred by Ecuadoran and United States members 
of the station staff for travel on station business within Ecuador. 

4. The Government of Ecuador will provide : (a) entry free of customs 
duties for ( 1 ) supplies and equipment for the station, and ( 2 ) supplies, 
clothes, foodstuffs and personal belongings of the North American members 
of the station staff whose salaries are paid by the Government of the United 
States; (b) exemption from all Ecuadoran taxes based upon salaries for 
those North American members of the station staff whose salaries are paid 
by the Government of the United States; and (c) when possible, Ecuadoran 
students in graduate study in each of the fields of agriculture in colleges or 
universities in the United States. 

5. The Ecuadoran Development Corporation agrees: (a) to construct, 
( 1 ) residences complete with furnishings for the North American and Ecua- 
doran members of the staff, (2) a laboratory, office and library building, 
(3) a hospital, and (4) service buildings including repair shops, one or more 
buildings for the storage of equipment and plant material, and such buildings 
as may be needed for studies in livestock production and the housing of pilot 
plants for processing agricultural production for shipment; and (b) to pro- 
vide ( 1 ) complete furnishings, services and equipment, except scientific 
equipment and apparatus not produced or manufactured in Ecuador, for the 
laboratory, office, and library building, (2) an adequate and pure water 
supply, ( 3 ) an electric plant to satisfy the lighting and power needs of the 
station, (4) recreational facilities such as tennis courts, swimming pool, et 
cetera, (5) a graduate medical doctor and surgeon, (6) agricultural publica- 
tions, necessary to the proper functioning of the station, including reference 
books, and all journals and bulletins published outside of the United States, 
as well as the binding of journals, (7) necessary launches and vehicles for 
water and land transportation, and (8) the purchase of seed and planting 
stock for experimental and commercial use. 

6. The Government of the United States of America, through the United 
States Department of Agriculture, and subject to the availability of funds 
for the purpose, agrees to provide: (a) the services of scientists to perform 
the functions of direction of the station, agronomic, soil and animal investiga- 
tions; (b) current scientific journals on plant and animal science published 
in the United States; (c) scientific equipment and apparatus not produced or 
manufactured in Ecuador; and (d) assistance in designing all buildings, in- 
cluding residences for the Ecuadoran and North American members of the 
staff. 



384 ECUADOR 

7. The Government of the United States of America, the Government 
of Ecuador and the Ecuadoran Development Corporation mutually agree: 
(a) that in order to provide joint supervision over the cooperative aspects of 
the project and in order to furnish a ready means for consultation between 
the two Governments and the Corporation in regard thereto, there shall be 
established a commission of three members composed of one representative 
of each of the two Governments and the Ecuadoran Development Corpora- 
tion; that the commission, subject to the approval of the Ecuadoran Govern- 
ment will have authority to establish the qualifications and propose candidates 
for positions at the station ; that the commission may delegate to the director 
of the station such of its functions as it may deem fit; (b) that, exclusive of 
salaries of the scientists made available to the station by the United States 
Department of Agriculture, the obligations of the United States Government 
shall not exceed $50,000 the first year, nor more than $25,000 in any one fiscal 
year thereafter; (c) that, exclusive of numbered paragraph 2, the obligations 
assumed by the Government of Ecuador shall not exceed $25,000 in any one 
fiscal year; (d) the obligations of the Ecuadoran Corporation shall not exceed 
$100,000 the first year nor more than $50,000 in any one fiscal year there- 
after; and (e) that the obligation of the United States to furnish the supplies 
listed under subtitles (b) and (c) of paragraph 6 shall be contingent upon the 
availability of such supplies in the United States. 

8. This Agreement shall come in force on the day of signature and shall 
continue in force for a period of ten years, unless the Congress of either coun- 
try shall fail to appropriate the funds necessary for its execution in which 
event it may be terminated on sixty days written notice by either Government, 
but in such event the station will pass into the hands of the Corporation. 

For the United States of America 

Claude R. Wickard 
Secretary of Agriculture 

For the Republic of Ecuador 

Ricardo Crespo Or 
Minister of Agriculture 

For the Corporacion Ecuatoriana de Fomento 

Eric F. Lamb V. Illingworth 
General Manager 
Quito, Ecuador 

August 12, 1942 

It is a pleasure to inform Your Excellency that the provisions of the Memo- 
randum of Understanding as herein set forth meet with the approval of the 
Government of the United States of America. If thev likewise meet with the 



AGRICULTURAL STATION— OCT. 20 AND 29, 1942 385 

approval of the Government of Ecuador, I shall consider this note together 
with your reply indicating the approval of the Government of Ecuador as 
constituting an agreement between our two Governments on the subject, it 
being understood that the agreement shall be effective as of August 12, 1942 
and that the agreement shall continue in effect for a period of ten years, 
unless the Congress of either country shall fail to appropriate the funds neces- 
sary for its execution, in which event it may be terminated on sixty days' 
written notice by either Government to the other Government. 

Accept, Excellency, the renewed assurances of my highest consideration. 

Sumner Welles 
Acting Secretary of State 

His Excellency 

Senor Capitan Colon Eloy Alfaro, 
Ambassador of Ecuador. 



The Ecuadorean Ambassador to the Secretary of State 

[translation] 

embassy of ecuador 

washington 
141 October 29, 1942 

Mr. Secretary: 

I have the honor to acknowledge the receipt of the note of the twentieth 
instant, in which Your Excellency refers to the Memorandum of Understand- 
ing of August 12, 1942, relative to the establishment and operation of an agri- 
cultural experiment station in Ecuador. 

I have received instructions to state to Your Excellency that the Govern- 
ment of Ecuador ratifies the text of the said Understanding, signed August 1 2 
of the current year, which will be considered as in force from the above- 
mentioned date and for a ten-year period, unless the Congress of one of the 
two countries shall fail to appropriate the funds necessary for its execution, in 
which case either of the Governments may terminate it, upon sixty days' 
advance notice to the other. 

I avail myself of the opportunity to renew to Your Excellency the assur- 
ances of my highest consideration. 



C. E. Alfaro 



His Excellency 

Cordell Hull, 

Secretary of State. 



DETAIL OF MILITARY OFFICER TO SERVE AS 
TECHNICAL DIRECTOR OF ECUADOREAN 
MILITARY COLLEGE 

Agreement signed at Washington September 13, 1943 
Entered into force September 13, 1943 
Expired September 13, 1947 

57 Stat. 1056; Executive Agreement Series 338 

Agreement Between the Government of the United States 
of America and the Government of the Republic of Ecuador 

In conformity with the request of the Government of the Republic of 
Ecuador to the Government of the United States of America, the President 
of the United States of America has authorized the appointment of an officer 
of the United States Army to serve in the Republic of Ecuador under the 
conditions specified below : 

Title I 
Duties and Duration 

Article 1 . The Government of the United States of America shall place 
at the disposal of the Government of the Republic of Ecuador the technical 
and professional services of an officer of the United States Army to serve 
as Technical Director of the Eloy Alfaro Military College of the Republic of 
Ecuador. 

Article 2. The officer so detailed may be replaced upon mutual agree- 
ment between the Government of the United States of America and the 
Government of the Republic of Ecuador. 

Article 3. This Agreement shall come into force on the date of sig- 
nature and shall continue in force for a period of four years unless previously 
terminated as hereinafter stipulated. 

Article 4. If the Government of the Republic of Ecuador should desire 
that the services of the officer be extended beyond the period stipulated in 
Article 3, it shall make a written proposal to that effect six months before the 
expiration of this Agreement. 

386 



DETAIL OF MILITARY OFFICER— SEPT. 13, 1943 387 

Article 5. This Agreement may be terminated before the expiration of 
the period of four years prescribed in Article 3, or before the expiration of the 
extension authorized in Article 4, in the following manner: 

(a) By either of the Governments, subject to three months' written notice 
to the other Government. 

(b) By the recall of the officer by the Government of the United States 
of America in the public interest of the United States of America, without 
necessity of compliance with provision (a) of this Article. 

Article 6. This Agreement is subject to cancellation, upon the initiation 
of either the Government of the United States of America or the Government 
of the Republic of Ecuador at any time during a period when either Govern- 
ment is involved in domestic or foreign hostilities. 

Article 7. Should the officer become unable to perform his duties by 
reason of continued physical disability, he shall be replaced. 

Title II 
Requisites and Conditions 

Article 8. The officer shall be governed by the disciplinary regulations 
of the United States Army. 

Article 9. The officer shall be responsible directly and solely to the 
Minister of National Defense of the Republic of Ecuador. 

Article 10. During the period the officer is detailed under this Agree- 
ment or any extension thereof, the Government of the Republic of Ecuador 
shall not engage the services of any personnel of any other foreign govern- 
ment for the duties and purposes contemplated by this Agreement. 

Article 1 1 . The officer shall not divulge nor by any means disclose to 
any foreign government or to any person whatsoever any secret or confidential 
matter of which he may become cognizant as a natural consequence of his 
functions, or in any other way, it being understood that this requisite honor- 
ably continues even after the expiration or cancellation of the present Agree- 
ment or extension thereof. 

Article 12. During the entire duration of this Agreement, the officer 
shall be entitled to the benefits which the Regulations of the Ecuadoran Army 
provide for officers of his rank in the Ecuadoran Army. 

Article 13. Throughout this Agreement the term "family" of the officer 
is limited to mean wife and dependent children. 

Article 14. The officer shall be entitled to one month's annual leave 
with pay, or to a proportional part thereof with pay for any fractional part 
of a year. Unused portions of said leave shall be cumulative from year to year 
during the service of the officer under this Agreement. 

Article 1 5. The leave specified in the preceding Article may be spent 
in foreign countries, subject to the standing instructions of the War Depart- 



388 ECUADOR 

ment of the United States of America concerning visits abroad. In all cases 
the said leave or portions thereof, shall be taken by the officer only after 
consultation with the Minister of National Defense of the Republic of 
Ecuador with a view to ascertaining the mutual convenience of the Govern- 
ment of the Republic of Ecuador and the officer in respect to this leave. 

Article 16. The expenses of travel and transportation not otherwise 
provided for in this Agreement shall be borne by the officer in taking such 
leave. All travel time shall count as leave and shall not be in addition to the 
time authorized in Article 14. 

Title III 
Compensations 

Article 17. For the services specified in Article 1 of this Agreement, the 
officer shall receive from the Government of the Republic of Ecuador such 
net annual compensation expressed in United States currency as may be 
agreed upon between the Government of the United States of America and 
the Government of the Republic of Ecuador. This compensation shall be paid 
in twelve (12) monthly installments, as nearly equal as possible, each due and 
payable on the last day of the month. Payment may be made in the Ecuadoran 
national currency and when so made shall be computed at the highest rate of 
exchange in Quito on the day on which due. Payments made outside of the 
Republic of Ecuador shall be in the national currency of the United States 
of America. The compensation shall not be subject to any tax, now or here- 
after in effect, of the Government of the Republic of Ecuador or of any of its 
political or administrative subdivisions. Should there, however, at present or 
while this Agreement is in effect, be any taxes that might affect this compensa- 
tion, such taxes shall be borne by the Ministry of National Defense of the 
Republic of Ecuador. 

Article 18. The compensation set forth in Article 17 shall begin on the 
date of departure of the officer from the United States of America, and it 
shall continue after the termination of his services in the Republic of Ecuador, 
during his return trip to the United States of America, and thereafter for the 
period of any accumulated leave to which he is entitled. 

Article 19. The compensation due for the period of the return trip and 
accumulated leave shall be paid to the officer before his departure from the 
Republic of Ecuador, and such payment shall be computed for travel by 
the shortest usually traveled route to the port of entry in the United States 
of America, regardless of the route and method of travel used by him. 

Article 20. The officer and his family shall be provided by the Gov- 
ernment of the Republic of Ecuador with first-class accommodations for 
travel required and performed under this Agreement between the port of 
embarkation from the United States of America and his official residence 






DETAIL OF MILITARY OFFICER— SEPT. 13, 1943 389 

in the Republic of Ecuador both for the outward and for the return trip. 
The expenses of transportation by land and sea of the officer's household 
effects and baggage, including automobile, from the port of embarkation 
in the United States of America to the Republic of Ecuador and return, 
shall also be paid by the Government of the Republic of Ecuador. These 
expenses shall include all necessary costs incidental to unloading from the 
steamer upon arrival in the Republic of Ecuador, cartage from the ship 
to the officer's residence in the Republic of Ecuador and packing and load- 
ing on board the steamer upon departure from the Republic of Ecuador 
upon termination of services. The transportation of such household effects, 
baggage, and automobile shall be made in a single shipment, and all sub- 
sequent shipments shall be at the expense of the officer, except when such 
shipments are necessitated by circumstances beyond his control. 

Article 21. The household effects, personal effects and baggage, in- 
cluding an automobile, of the officer and his family, shall be exempt from 
customs duties in the Republic of Ecuador, or if such customs duties are 
imposed and required, an equivalent additional allowance to cover such 
charge shall be paid by the Government of the Republic of Ecuador. During 
service in the Republic of Ecuador the officer shall be permitted to import 
articles needed for his personal use and for the use of his family without 
payment of customs duties, provided that his requests for free entry have 
received the approval of the Ambassador of the United States of America 
or of the Charge d' Affaires ad interim. 

Article 22. If the services of the officer should be terminated by the 
Government of the United States of America, except as established in the 
provisions of Article 6, before the completion of two years of service, the 
provisions of Article 20 shall not apply to the return trip. If the services of 
the officer should terminate or be terminated before the completion of two 
years of service, for any other reason, including those established in Article 6, 
the officer shall receive from the Government of the Republic of Ecuador all 
compensations, emoluments, and perquisites as though he had completed 
four years of service, but the annual salary shall terminate as provided in 
Article 18. But should the Government of the United States of America 
recall the officer for breach of discipline, the cost of the return trip to the 
United States of America of such officer, his family, household effects and 
baggage, and automobile, shall not be borne by the Government of the 
Republic of Ecuador. 

Article 23. Compensation for transportation and traveling expenses 
in the Republic of Ecuador on official business of the Government of the 
Republic of Ecuador shall be provided by the Government of the Republic 
of Ecuador in accordance with the provisions of Article 1 2. 

Article 24. The Government of the Republic of Ecuador shall provide 
suitable office space and facilities for the use of the officer. 



390 ECUADOR 

Article 25. The Government of the Republic of Ecuador shall provide 
the officer with an automobile, with chauffeur, for his official use. 

Article 26. If replacement of the officer is made during the life of 
this Agreement or any extension thereof, the terms as stipulated in this Agree- 
ment shall also apply to the replacement officer, with the exception that the 
replacement officer shall receive an amount of annual compensation which 
shall be agreed upon by the two Governments. 

Article 27. The Government of the Republic of Ecuador shall provide 
suitable medical attention for the officer and his family. In case the officer 
or any member of his family becomes ill or suffers injury, he or she shall 
be placed in such hospital as the officer deems suitable after consultation 
with the Ministry of National Defense of the Republic of Ecuador. The 
officer shall in all cases pay the cost of subsistence incident to his hospitaliza- 
tion or that of a member of his family. 

Article 28. If the officer or any member of his family should die in the 
Republic of Ecuador during the period while this Agreement is in effect, the 
Government of the Republic of Ecuador shall have the body transported to 
such place in the United States of America as the family may decide, but the 
cost to the Government of the Republic of Ecuador shall not exceed the cost 
of transporting the remains from the place of decease to New York City. 
Should the deceased be the officer, his services shall be considered to have 
terminated fifteen (15) days after his death. Return transportation to the 
United States of America for the family of the deceased officer and for their 
household effects, baggage and automobile shall be provided as prescribed in 
Article 20. All compensation due the deceased officer and reimbursement 
due the deceased officer for expenses and transportation on official business 
of the Government of the Republic of Ecuador shall be paid to the widow of 
the officer, or to any other person who may have been designated in writing 
by the officer, provided such widow or other person shall not be compensated 
for the accrued leave of the deceased, and further provided that these com- 
pensations shall be paid within fifteen ( 15 ) days after the death of the officer. 

In witness whereof, the undersigned, being duly authorized, have 
signed this Agreement in duplicate, each one in the English and Spanish 
languages at Washington, this thirteenth day of September, 1943. 

For the United States of America: 
Cordell Hull [seal] 
Secretary of State of the United 
States of America 

For the Republic of Ecuador: 

C. E. Alfaro [seal] 

Ambassador Extraordinary and 
Plenipotentiary of the Re- 
public of Ecuador in Wash- 
ington 



MILITARY MISSION 

Agreement signed at Washington June 29, 1944 

Entered into force June 29, 1944 

Amended by agreements of July 8 and 12, August 23, and September 

21, 1948; 1 May 10 and 26, 1955; 2 and February 25 and May 22, 

1959 3 
Extended by agreements of July 8 and 12, August 23, and September 

21, 1948, 1 and May 10 and 26, 1955 2 

58 Stat. 1300; Executive Agreement Series 408 

Agreement Between the Government of the United States 
of America and the Government of the Republic of Ecuador 

In conformity with the request of the Government of the Republic of Ecua- 
dor to the Government of the United States of America, the President of the 
United States of America has authorized the appointment of officers and 
enlisted men to constitute a Military Mission 4 to the Republic of Ecuador 
under the conditions specified below : 

Title I 
Purpose and Duration 

Article 1 . The purpose of this Mission is to cooperate with the Minister 
of National Defense of the Republic of Ecuador and with the personnel of the 
Ecuadoran Army with a view to enhancing the efficiency of the Ecuadoran 
Army. 

Article 2. This Mission shall continue for a period of four years from 
the date of the signing of this Agreement by the accredited representatives of 
the Government of the United States of America and the Government of the 
Republic of Ecuador, unless previously terminated or extended as hereinafter 
provided. Any member of the Mission may be recalled by the Government of 
the United States of America after the expiration of two years of service, in 
which case another member shall be furnished to replace him. 



1 TIAS 1843, post, p. 447. 
= 6UST7B1;TIAS3221. 
MOUST 1095; TI AS 4249. 

4 For an amendment to the preamble, sec agreement of May 10 and 26, 1955 (6 UST 
781; TIAS 3221). 

391 



392 ECUADOR 

Article 3. If the Government of the Republic of Ecuador should desire 
that the services of the Mission be extended beyond the stipulated period, it 
shall make a written proposal to that effect six months before the expiration 
of this Agreement. 

Article 4. This Agreement may be terminated before the expiration of 
the period of four years prescribed in Article 2, or before the expiration of the 
extension authorized in Article 3, in the following manner: 

(a) By either of the Governments, subject to three months' written notice 
to the other Government; 

(b) By the recall of the entire personnel of the Mission by the Govern- 
ment of the United States of America in the public interest of the United 
States of America, without necessity of compliance with provision (a) of this 
Article. 5 

Article 5. This Agreement is subject to cancellation upon the initiative 
of either the Government of the United States of America or the Government 
of the Republic of Ecuador at any time during a period when either Govern- 
ment is involved in domestic or foreign hostilities. 

Title II 

Composition and Personnel 

Article 6. This Mission shall consist of such personnel of the United 
States Army as may be agreed upon by the Minister of National Defense of 
the Republic of Ecuador through his authorized representative in Washington 
and by the War Department of the United States of America. 6 

Title III 
Duties, Rank and Precedence 

Article 7. The personnel of the Mission shall perform such duties as 
may be agreed upon between the Minister of National Defense of the Repub- 
lic of Ecuador and the Chief of the Mission. 

Article 8. The members of the Mission shall be responsible solely to 
the Minister of National Defense of the Republic of Ecuador through the 
Chief of the Mission. 

Article 9. 7 Each member of the Mission shall serve on the Mission with 
the rank he holds in the United States Army and shall wear the uniform of 
his rank in the United States Army but shall have precedence over all 
Ecuadoran officers of the same rank. 



B For an amendment adding a clause to art. 4, see agreement of July 8 and 12, Aug. 23, 
and Sept. 21, 1948 (TIAS 1843), post, p. 447. 

6 For an amendment to art. 6, see agreement of May 10 and 26, 1955 (6 UST 781; 
TIAS 3221). 

7 For an amendment to art. 9, see ibid. 



MILITARY MISSION— JUNE 29, 1944 393 

Article 10. s Each member of the Mission shall be entitled to all benefits 
and privileges which the Regulations of the Ecuadoran Army provide for 
Ecuadoran officers and enlisted men of corresponding rank. 

Article 1 1 . The personnel of the Mission shall be governed by the 
disciplinary regulations of the United States Army. 

Title IV 

Compensation and Perquisites 

Article 12. Members of the Mission shall receive from the Government 
of the Republic of Ecuador such net annual compensation as may be agreed 
upon between the Government of the United States of America and the 
Government of the Republic of Ecuador for each member. This compensa- 
tion shall be paid in twelve (12) equal monthly installments, each due and 
payable on the last day of the month. Payment may be made in the Ecua- 
doran national currency and when so made shall be computed at the highest 
rate of exchange in Quito on the day on which due. Payments made outside 
of the Republic of Ecuador shall be in the national currency of the United 
States of America. The compensation shall not be subject to any tax, now 
or hereafter in effect, of the Government of the Republic of Ecuador or of 
any of its political or administrative subdivisions. Should there, however, 
at present or while this Agreement is in effect, be any taxes that might affect 
this compensation, such taxes shall be borne by the Minister of National 
Defense of the Republic of Ecuador in order to comply with the provision 
of this Article that the compensation agreed upon shall be net. 

Article 13. The compensation agreed upon as indicated in the preced- 
ing Article shall commence upon the date of departure from the United 
States of America of each member of the Mission, and, except as otherwise 
expressly provided in this Agreement, shall continue, following the termi- 
nation of duty with the Mission, for the return voyage to the United States 
of America and thereafter for the period of any accumulated leave which 
may be due. 

Article 14. The compensation due for the period of the return trip and 
accumulated leave shall be paid to a detached member of the Mission before 
his departure from the Republic of Ecuador, and such payment shall be 
computed for travel by the shortest usually traveled route to the port of entry 
in the United States of America, regardless of the route and method of 
travel used by the member of the Mission. 

Article 15. Each member of the Mission and each dependent mem- 
ber of his family shall be provided by the Government of the Republic of 
Ecuador with first-class accommodations for travel required and performed 



For an amendment in the payment and benefit procedures under arts. 10, 12, 13, 14, 
15, 16, 17, 18, 19, 20, 21, 25, and 29, see agreement of Feb. 29 and May 22, 1959 (10 
UST 1095; TIAS 4249). 



394 ECUADOR 

under this Agreement by the shortest usually traveled route between the port 
of embarkation in the United States of America and his official residence in 
the Republic of Ecuador, and from his official residence in the Republic of 
Ecuador to the port of debarkation in the United States of America. The 
expenses of shipment of his household effects, baggage, and automobile of 
each member of the Mission between the port of embarkation in the United 
States of America and his official residence in the Republic of Ecuador shall 
also be paid by the Government of the Republic of Ecuador; this shall in- 
clude all necessary expenses incident to unloading from the steamer upon 
arrival in the Republic of Ecuador, cartage between the ship and the resi- 
dence in the Republic of Ecuador, and packing and loading on board the 
steamer upon departure from the Republic of Ecuador. The transportation 
of such household effects, baggage, and automobile shall be made in a single 
shipment and all subsequent shipments shall be at the expense of the re- 
spective members of the Mission except when such shipments are necessitated 
by circumstances beyond their control. The provisions of this Article shall 
likewise apply to officers and enlisted men who are subsequently detailed to 
the Republic of Ecuador for temporary duty, as additional personnel, or re- 
placements for members of the Mission. 

Article 16. The household effects, personal effects, baggage, and auto- 
mobile, of the members of the Mission and their families, shall be exempt 
from customs duties in the Republic of Ecuador, or if such customs duties 
are imposed and required, an equivalent additional allowance to cover 
such charge shall be paid by the Government of the Republic of Ecuador. 
During service in the Republic of Ecuador the members of the Mission shall 
be permitted to import articles needed for their personal use and for the use 
of their families without payment of customs duties, provided that their 
requests for free entry have received the approval of the Ambassador of the 
United States of America or of the Charge d'Affaires ad interim. 

Article 17. If the services of any member of the Mission should be 
terminated by the Government of the United States of America, except as 
established in the provisions of Article 5, before the completion of two years 
of service, the provisions of Article 15 shall not apply to the return trip. If 
the services of any member of the Mission should terminate or be terminated 
before the completion of two years of service, for any other reason, including 
those established in Article 5, such member shall receive from the Govern- 
ment of the Republic of Ecuador all compensations, emoluments, and per- 
quisites as though he had completed two years of service, but the annual 
salary shall terminate as provided in Article 13. But should the Government 
of the United States of America recall any member for breach of discipline, 
the cost of the return trip to the United States of America of such member, 
his family, household effects, baggage, and automobile, shall not be borne 
by the Government of the Republic of Ecuador. 






MILITARY MISSION— JUNE 29, 1944 395 

Article 18. Compensation for transportation and traveling expenses in 
the Republic of Ecuador on official business of the Government of the Re- 
public of Ecuador shall be provided by the Government of the Republic of 
Ecuador in accordance with the provisions of Article 10. 

Article 19. The Government of the Republic of Ecuador shall pro- 
vide the Chief of the Mission with suitable motor transportation with chauf- 
feur, for use on official business. Suitable motor transportation with chauffeur, 
shall on call be made available by the Government of the Republic of Ecua- 
dor for use by the members of the Mission for the conduct of the official 
business of the Mission. 

Article 20. The Government of the Republic of Ecuador shall provide 
suitable office space and facilities for the use of the members of the Mission. 

Article 21. If any member of the Mission or any member of his family 
should die in the Republic of Ecuador during the period while this Agreement 
is in effect, the Government of the Republic of Ecuador shall have the body 
transported to such place in the United States of America as the family may 
decide, but the cost to the Government of the Republic of Ecuador shall not 
exceed the cost of transporting the remains from the place of decease to New 
York City. Should the deceased be a member of the Mission, his services with 
the Mission shall be considered to have terminated fifteen (15) days after 
his death. Return transportation to New York City for the family of the 
deceased member and for their household effects, baggage, and automobile 
shall be provided as prescribed in Article 15. All compensation due the de- 
ceased member including salary for the fifteen (15) days following his death, 
and reimbursement due the deceased member for expenses and transporta- 
tion on trips made on official business of the Government of the Republic of 
Ecuador shall be paid to the widow of the deceased member, or to any other 
person who may have been designated in writing by the deceased member 
while serving under the terms of this Agreement, but such widow or other 
person shall not be compensated for accrued leave due but not taken by the 
deceased. All compensations due the widow or other person designated by the 
deceased, under the provisions of this Article, shall be paid before the depar- 
ture of the widow or such other persons from the Republic of Ecuador and 
within fifteen (15) days after the death of the member. 

Title V 
Requisites and Conditions 

Article 22. So long as this Agreement, or any extension thereof, is in 
effect, the Government of the Republic of Ecuador shall not engage the 
services of any personnel of any other foreign government for duties of any 
nature connected with the Ecuadoran Army except by mutual agreement be- 
tween the Government of the United States of America and the Government 
of the Republic of Ecuador. 



396 ECUADOR 

Article 23. Each member of the Mission shall agree not to divulge or in 
any way disclose to any foreign government or to any person whatsoever any- 
secret or confidential matter of which he may become cognizant in his capacity 
as a member of the Mission. This requirement shall continue in force after 
the termination of service with the Mission and after the expiration or can- 
cellation of this Agreement or any extension thereof. 

Article 24. Throughout this Agreement the term "family" is limited to 
mean wife and dependent children. 

Article 25. Each member of the Mission shall be entitled to one month's 
annual leave with pay, or to a proportional part thereof with pay for any 
fractional part of a year. Unused portions of said leave shall be cumulative 
from year to year, during service as a member of the Mission. 

Article 26. The leave specified in the preceding Article may be spent 
in the Republic of Ecuador, in the United States of America, or in other 
countries, but the expense of travel and transportation not otherwise provided 
for in this Agreement shall be borne by the member of the Mission taking 
such leave. All travel time shall count as leave and shall not be in addition to 
the time authorized in the preceding Article. 

Article 27. The Government of the Republic of Ecuador agrees to grant 
the leave specified in Article 25 upon receipt of written application, approved 
by the Chief of the Mission with due consideration for the convenience of the 
Government of the Republic of Ecuador. 

Article 28. Members of the Mission that may be replaced shall termi- 
nate their services on the Mission only upon the arrival of their replacements, 
except when otherwise mutually agreed upon in advance by the respective 
Governments. 

Article 29. The Government of the Republic of Ecuador shall provide 
suitable medical attention to members of the Mission and their families. 
In case a member of the Mission becomes ill or suffers injury, he shall, at 
the discretion of the Chief of the Mission, be placed in such hospital as the 
Chief of the Mission deems suitable, after consultation with the Minister 
of National Defense of the Republic of Ecuador, and all expenses incurred 
as the result of such illness or injury while the patient is a member of the 
Mission and remains in the Republic of Ecuador shall be paid by the Govern- 
ment of the Republic of Ecuador. If the hospitalized member is a com- 
missioned officer he shall pay his cost of subsistence, but if he is an enlisted 
man the cost of subsistence shall be paid by the Government of the Republic 
of Ecuador. Families shall enjoy the same privileges agreed upon in this 
Article for members of the Mission, except that a member of the Mission 
shall in all cases pay the cost of subsistence incident to hospitalization of a 
member of his family, except as may be provided under Article 10. 

Article 30. Any member of the Mission unable to perform his duties 
with the Mission by reason of long continued physical disability shall be 
replaced. 



MILITARY MISSION— JUNE 29, 1944 397 

In witness whereof, the undersigned, Cordell Hull, Secretary of State 
of the United States of America, and Jose A. Correa, Charge d'Affaires ad 
interim of the Republic of Ecuador in Washington, duly authorized thereto, 
have signed this Agreement in duplicate, in the English and Spanish lan- 
guages, in Washington, this twenty-ninth day of June, one thousand nine 
hundred forty-four. 

For the United States of America : 

Cordell Hull [seal] 
For the Republic of Ecuador: 

Jose A. Correa [seal] 



HEALTH AND SANITATION PROGRAM 

Exchange of notes at Quito December 23, 1944, and January 15, 
1945, supplementing and extending agreement of February 24, 
1942 

Entered into force January 15, 1945 

Program expired June 30, 1960 

59 Stat. 1590; Executive Agreement Series 473 

The American Ambassador to the Minister of Foreign Affairs 

Embassy of the 
United States of America 
no. 503 December 23, 1944 

Excellency: 

I have the honor to refer to the communications between the Acting Sec- 
retary of State of the United States of America and the Minister-Counselor 
of the Ecuadoran Embassy in Washington, D.C., dated February 24, 1942, 1 
relating to the initiation of the cooperative program of public health and 
sanitation in Ecuador. Your Excellency will recall that the United States 
Government, subsequent to the exchange of these communications, has 
allocated the sum of two million seven hundred and fifty thousand five 
hundred dollars ($2,750,500.00 U.S.) to be used in carrying out the coop- 
erative health and sanitation program in accordance with resolution XXX 
approved at the Third Meeting of the Ministers of Foreign Affairs of the 
American Republics, held at Rio de Janeiro in January, 1942. 2 

I have the honor to state that my Government is prepared, if Your Excel- 
lency's Government so desires, to make available, through the Institute of 
Inter-American Affairs an additional sum of two hundred thousand dollars 
($200,000.00 U.S.) for the purpose of cooperating with the Government 
of Ecuador in prolonging the aforementioned program of health and sani- 
tation on the understanding that the Government of Ecuador for its part 
will contribute the sum of two hundred thousand dollars ($200,000.00 U.S.) , 
both at an agreed rate of exchange. The extension of the program would 
terminate December 31, 1947, insofar as the funds contributed by the United 
States are concerned. 






1 EAS 379, ante, p. 368. 

2 For text, see Department of State Bulletin, Feb. 7, 1942, p. 137. 



398 



HEALTH AND SANITATION— DEC. 23, 1944, AND JAN. 15, 1945 399 

The type of work and specific projects to be undertaken and the cost 
thereof and the methods and procedures to be employed in conducting the 
program would be mutually agreed to by the appropriate official of the 
Government of Ecuador and an appropriate official of the Institute of Inter- 
American Affairs. 

The Government of the United States of America would continue to fur- 
nish such experts as would be considered necessary in order to collaborate 
with Your Excellency's Government in continuing the health and sanitation 
program. 

All completed works and property acquired in connection with the pro- 
gram would become the property of the Government of Ecuador. 

No project would be undertaken that would require services, supplies or 
materials, the procurement of which would handicap any phase of the war 
effort. 

I would be glad if Your Excellency would be so good as to confirm to me 
your approval of this general proposal with the understanding that the pro- 
gram would be a subject of further discussion and agreement as provided 
for herein. 

Please accept, Excellency, the renewed assurances of my highest and most 
distinguished consideration. 

R. M. SCOTTEN 

His Excellency 

Dr. Camilo Ponce Enriquez, 
Minister for Foreign Affairs, 
Quito. 

The Minister of Foreign Affairs to the American Ambassador 
[translation] 

REPUBLIC OF ECUADOR 
MINISTRY OP FOREIGN AFFAIRS 

No. 12-DDP-3 Quito, January 15, 1945 

Mr. Ambassador: 

I have the honor to acknowledge the receipt of Your Excellency's kind 
note no. 503, dated December 23 of last year, in which reference is made to 
the communications exchanged between the Department of State of the 
United States of America and the Embassy of Ecuador in Washington, D.C., 
February 24, 1942, relating to the initiation of the cooperative program of 
public health and sanitation in my country, and you are good enough to 
remind me that, subsequent to the exchange of these communications, the 
Government of the United States of America allocated the sum of two 
million seven hundred and fifty thousand five hundred dollars ($2,750,500.- 
00) for the carrying out of the above-mentioned program, in accordance with 



400 ECUADOR 






resolution XXX approved at the Third Meeting of Ministers of Foreign 
Affairs of the American Republics. 

2. Your Excellency adds that the Government of the United States of 
America is prepared, if the Government of Ecuador so desires, to make avail- 
able, through the Institute of Inter-American Affairs an additional sum of 
two hundred thousand dollars ($200,000.00) for the purpose of continuing 
to cooperate in carrying out the program of health and sanitation initiated 
in 1942, for which my Government also would contribute an equal sum 
which, as well as that promised by the Government of the United States of 
America, would be quoted at an agreed rate of exchange. 

3. The extension of the program would terminate December 31, 1947, 
as Your Excellency is good enough to state, in so far as the funds contributed 
by the Government of the United States are concerned. 

4. I am pleased to communicate to Your Excellency that the Govern- 
ment of Ecuador accepts the handsome offer of the Government of the 
United States of America and that, for its part, it is likewise prepared to 
contribute the sum of two hundred thousand dollars ($200,000.00) for the 
continuation of the program of public health and sanitation. 

5. The terms and conditions of the extension, as well as the specification 
of the works to be carried out, will be agreed upon between the Minister of 
Social Welfare and Labor and the official whom the Institute of Inter- 
American Affairs will designate for this purpose. 

6. I beg of Your Excellency that you be good enough to express to the 
Government of the United States of America the gratitude of my country 
for this new proof of friendly cooperation. 

I avail myself of the opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

C. Ponce Enrique z 

His Excellency 

Robert McGregor Scotten, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America 



COOPERATIVE EDUCATION PROGRAM 

Exchange of notes at Quito January 22, 1945 

Entered into force January 22, 1945 

Superseded by agreement of October 2 and November 14, 1947 1 

61 Stat. 3257; Treaties and Other 
International Acts Series 1660 

Exchange of Notes 

The American Ambassador to the Minister of Foreign Affairs 

Embassy of the 
United States of America 
No. is Quito, January 22, 1945 

Excellency: 

I have the honor to refer to previous conversations between myself and 
Mr. Kenneth Holland, President of the Inter-American Educational Founda- 
tion, Inc., the Minister of Public Education and other officials of the Govern- 
ment of Ecuador, concerning the possibility of a cooperative program of 
education in Ecuador. 

I have the honor to inform your Excellency that pursuant to Resolution 
No. 28 of the First Conference of Ministers and Directors of Education of 
the American Republics, and pursuant to the expressed desire of the Govern- 
ment of the Republic of Ecuador, the Government of the United States is 
prepared to undertake a cooperative program of education with the Govern- 
ment of Ecuador, for the purpose of bringing about a better interchange of 
educational ideas and methods between the two countries. 

I have the honor to state that my Government, acting through the Inter- 
American Educational Foundation, Inc., a corporation of the Office of the 
Coordinator of Inter-American Affairs, is prepared to make available for 
such a cooperative program of education the sum of One Hundred Thousand 
Dollars ($100,000.00 U.S.) at an agreed minimum rate of exchange, on the 
understanding that the Government of Ecuador for its part will contribute the 
sum of Six Hundred Seventy Thousand Sucres (S/670.000,00), being the 
equivalent of Fifty Thousand Dollars ($50,000.00 U.S.) at the same rate of 
exchange, as well as such personnel, supplies and materials as it may see fit to 
provide within Ecuador. 



'TIAS 1749, post, p. 430. 

101 



402 ECUADOR 

It is proposed that the program be carried on for approximately three 
years, in accordance with the following general plan. 

At the request of Your Excellency's Government and within the limit of 
the funds set aside for the purpose, the Foundation will send to Ecuador such 
educational specialists as may be considered necessary in order to collaborate 
with your Excellency's Government in the cooperative program, and they 
shall be acceptable to the Ecuadoran Government. This group shall be under 
the direction of an official who will be designated as the Special Representa- 
tive of the Inter-American Educational Foundation, Inc., and will be the 
representative of the Foundation in Ecuador in connection with this program. 

The specific projects and activities to be undertaken and the allocation of 
program funds therefor, and the methods and procedures and administrative 
practices to be employed in conducting the program, will be mutually agreed 
upon by the Minister of Education of the Government of Ecuador and the 
Special Representative of the Foundation. Such projects will include the 
sending of Ecuadoran specialists in education to the United States. 

It is proposed that the program be carried out through an appropriate 
organization, section or procedures to be established within the Ministry of 
Education itself with administrative autonomy and that the said Special 
Representative shall also be named as the Director of such organization or 
section and shall administer the program. 

Of the funds made available by the United States Government, Seventy 
Thousand Dollars ($70,000.00 U.S.) will be set aside and used for paying 
the salaries and other expenses of the educational specialists furnished by the 
Foundation, and the balance, together with the funds contributed by the 
Government of Ecuador, would be made available in Ecuador for the projects 
and activities mutually agreed upon for the program. 

All property purchased with the funds made available in accordance with 
this proposal will become the property of the Government of Ecuador and 
shall be used for the cooperative program of education. 

Inasmuch as the specialists to be sent to Ecuador by the Foundation will be 
United States citizens and employees of the United States Government and 
also non-residents of Ecuador, it is suggested that they shall be exempt from 
all income taxes and social security taxes with respect to income on which 
they are obliged to pay income or social security taxes to the Government of 
the United States of America, and from payment of customs and import 
duties and other taxes on their personal effects and equipment and supplies 
for their own use, and from investment and deposit requirements and other 
foreign exchange controls on funds brought into Ecuador for their normal 
living expenses. 

I should be glad if your Excellency would be so good as to confirm to me 
your approval of this general proposal, with the understanding that the 
details for the establishment and organization of the proposed cooperative 



EDUCATION PROGRAM— JANUARY 22, 1945 403 

program shall be further discussed and settled by written agreement between 
the Foundation and the Minister of Education. 2 

Please accept, Excellency, the renewed assurances of my highest and most 
distinguished consideration. 

R. M. Scotten 

His Excellency 

Senor Doctor Camilo Ponce Enriquez, 

Minister for Foreign Affairs, 
Quito. 



The Minister of Foreign Affairs to the American Ambassador 

[translation] 

REPUBLIC OF ECUADOR 
MINISTRY OF FOREIGN RELATIONS 

28-ddp-5 Quito, January 22, 1945 

Mr. Ambassador: 

I have the honor to reply to Your Excellency's courteous note number 18 
of the 2 2d of the current month, in which, with reference to the conversations 
held with the Minister of Public Education and Mr. Kenneth Holland, Pres- 
ident of the "Inter- American Educational Foundation, Inc." and other offi- 
cials of the Government of Ecuador concerning the possibility of undertaking 
a cooperative program of education, you inform me that the United States 
Government is prepared to comply with the Ecuadoran Government's desire 
to carry out that project which assuredly would serve to stimulate the 
exchange of educational ideas and methods between the two countries. 

2. Your Excellency informs me that the United States Government, 
acting through the "Inter-American Educational Foundation, Inc." will 
cooperate in the said educational program by making available the sum of 
$100,000 at a minimum rate of exchange — provided that the Government 
of Ecuador for its part allocates for that purpose an amount equivalent to 
$50,000 at the same rate of exchange — as well as such personnel and other 
essentials as it may consider necessary to provide. 

3. Your Excellency states that the United States Government acting 
through the Foundation, will send such specialists as may be necessary to 
collaborate with the Ecuadoran personnel. The specialized personnel is to be 
under the direction of a North American official who will be the special 
representative of the Foundation. 



2 For contract signed Jan. 22, 1945, by the President of the Inter-American Educational 
Foundation, Inc. and the Ecuadorcan Minister of Public Education, see 61 Stat. 3261 or 
p. 7 of TIAS 1660. 



LTi!> :;:::: 7 1 11 



404 ECUADOR 

4. You indicate that, in accordance with the decisions made in agreement 
with the Minister of Education, the projects and activities to be undertaken, 
as well as the other details related to the development of the cooperative 
educational program, must be duly carried out by mutual agreement between 
the Ecuadoran officials and the North American specialists. 

5. In the name of the Ecuadoran Government, I wish to express to Your 
Excellency the satisfaction with which the intention of the North American 
Government to cooperate in this country's educational endeavors is regarded, 
and I thank Your Excellency for the timely and effective steps taken to bring 
to fruition that aspiration on the part of Ecuador. 

6. The Ministry of Education will, in due time, proceed to establish the 
Organization with administrative autonomy which, within the framework 
of the Agreement, will take charge of the scientific and effective develop- 
ment of the program agreed upon. 

7. For my part, in giving my approval to the general basis on which the 
Cooperative Educational Agreement is to be effected, I must inform Your 
Excellency that I will not fail to make every possible effort tending toward 
the success of the program, and to the end that this test of cooperation may 
become a new factor for a better understanding between our two countries. 

8. With respect to the possibility that certain privileges and exemptions 
specified in the note to which I am replying may be granted to North Ameri- 
can officials, I do not believe it possible to make a definite statement at this 
time; for a careful study of Ecuadoran legislation will have to be made in 
order to determine how to reconcile the granting of such privileges with the 
pertinent legal provisions. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

C. Ponce Enriquez 

His Excellency 

Mr. Robert McGregor Scotten 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America. 



MILITARY SERVICE 

Exchange of notes at Washington April 2 and 5, 1945 
Entered into force April 5, 1945 
Terminated March 31, 1947 1 

59 Stat. 1598; Executive Agreement Series 475 

The Secretary of State to the Ecuadorean Ambassador 

Department of State 

Washington 

April 2, 1945 

Excellency: 

I have the honor to refer to the verbal indication made on March 23, 1945, 
by an officer of the Ecuadoran Embassy to an officer of the Department 
of State that Your Excellency's Government desires to conclude an agree- 
ment with this Government with respect to the application of the United 
States Selective Training and Service Act of 1940, as amended, 2 to Ecua- 
doran nationals residing in the United States. 

As you are aware, the Act provides that with certain exceptions every 
male citizen of the United States and every other male person between the 
ages of eighteen and sixty-five residing in the United States shall register. 
The Act further provides that, with certain exceptions, registrants within 
specified age limits are liable for active military service in the United States 
armed forces. 

This Government recognizes that from the standpoint of morale of the 
individuals concerned and the over- all military effort of the countries at war 
with the Axis Powers, it is desirable to permit certain nationals of cobel- 
ligerent countries who have registered or who may register under the Selec- 
tive Training and Service Act of 1940, as amended, to enlist in the armed 
forces of their own country, should they desire to do so. It will be recalled 
that during the World War this Government signed conventions with certain 
associated powers on this subject. The United States Government believes, 
howtver, that under existing circumstances the same ends may now be 
accomplished through administrative action, thus obviating the delays inci- 
dent to the signing and ratification of conventions. 



1 Upon termination of functions of U.S. Selective Service System (60 Stat. 341 ) . 

2 54 Stat. 885. 



405 



406 ECUADOR 

This Government has, therefore, initiated a procedure permitting aliens 
who have registered under the Selective Training and Service Act of 1 940, 
as amended, who are nationals of certain cobelligerent countries and who 
have not declared their intention of becoming American citizens to elect to 
serve in the forces of their respective countries, in lieu of service in the armed 
forces of the United States, at any time prior to their induction into the armed 
forces of this country. This Government is also affording to such nationals, 
who may already be serving in the armed forces of the United States, an 
opportunity of electing to transfer to the armed forces of their own country. 
The details of the procedure are arranged directly between the War Depart- 
ment and the Selective Service System on the part of the United States 
Government and the appropriate authorities of the cobelligerent govern- 
ment concerned. It should be understood, however, that in all cases a person 
exercising an option under the procedure must actually be accepted by the 
military authorities of the country of his allegiance before his departure from 
the United States. 

Before the above-mentioned procedure is made effective with respect to 
a cobelligerent country, this Department wishes to receive from the diplo- 
matic representative in Washington of that country a note stating that his 
government desires to avail itself of the procedure and in so doing agrees 
that: 

(a) No threat or compulsion of any nature will be exercised by his 
government to induce any person in the United States to enlist in the forces 
of his or any foreign government ; 

(b) Reciprocal treatment will be granted to American citizens by his 
government ; that is, prior to induction in the armed forces of his government 
they will be granted the opportunity of electing to serve in the armed forces 
of the United States in substantially the same manner as outlined above. 
Furthermore, his government shall agree to inform all American citizens 
serving in its armed forces or former American citizens who may have lost 
their citizenship as a result of having taken an oath of allegiance on enlist- 
ment in such armed forces and who are now serving in those forces that they 
may transfer to the armed forces of the United States provided they desire 
to do so and provided they are acceptable to the armed forces of the United 
States. The arrangements for effecting such transfers are to be worked out 
by the appropriate representatives of the armed forces of the respective 
governments ; 

(c) No enlistments will be accepted in the United States by his govern- 
ment of American citizens subject to registration or of aliens of any nation- 
ality who have declared their intention of becoming American citizens and 
are subject to registration. 

This Government is prepared to make the proposed regime effective 
immediately with respect to Ecuador upon the receipt from you of a note 



MILITARY SERVICE— APRIL 2 AND 5, 1945 407 

stating that your Government desires to participate in it and agrees to the 
stipulations set forth in lettered paragraphs (a), (b), and (c) above. 
Accept, Excellency, the renewed assurances of my highest consideration. 

For the Secretary of State : 

Nelson A. Rockefeller 

His Excellency, 

Serlor Galo Plaza, 

Ambassador of Ecuador. 



The Ecuadorean Ambassador to the Secretary of State 

[translation] 

EMBASSY OF ECUADOR 
WASHINGTON 

No. 65 April 5, 1945 

Mr. Secretary: 

I have the honor to inform Your Excellency that I have received instruc- 
tions from my Government to accept the administrative arrangement pro- 
posed by Your Excellency in your note of the second instant, with respect 
to the application of the 1940 United States Selective Training and Service 
Act to Ecuadoran citizens. 

The Ecuadoran Government accepts, on reciprocal terms, the option pro- 
posed in favor of Ecuadoran citizens registered under the said law or at 
present serving under the United States flag, to request their incorporation or 
transfer to the Ecuadoran Army, as well as the guarantees stipulated in 
paragraphs (a), (b), and (c) of the said note. 

The Government of Ecuador is willing to have the said arrangement 
become immediately effective and to discuss the details of its application with 
the appropriate authorities of the United States Government. 

I avail myself of this opportunity to renew to Your Excellency the 
assurances of my highest consideration. 

Galo Plaza 
His Excellency 

Edward R. Stettinius, Jr., 
Secretary of Slate, 

Washington, D.C. 



MILITARY AIR TRANSIT RIGHTS 

Exchange of notes at Quito June 7 and 11, 1946 
Entered into force June 11, 1946 

[For text, see 3 UST 536; TIAS 2411.] 



408 



AIR TRANSPORT SERVICES 

Agreement signed at Quito January 8, 1947, with annex 

Ratified by Ecuador April 24, 1947 

Entered into force April 24, 1947 

Annex amended by agreement of January 3 and 10, 1951 1 

61 Stat. 2773; Treaties and Other 
International Acts Series 1606 

Commercial Air Transport Agreement Between the Government 
of the United States of America and the Government of the 
Republic of Ecuador 

Having in mind the resolution signed under date of December 7, 1944, at 
the International Civil Aviation Conference in Chicago, for the adoption of 
a standard form of agreement for air routes and services, and the desirability 
of mutually stimulating and promoting the further development of air trans- 
portation between the United States of America and the Republic of Ecuador, 
the two Governments parties to this arrangement agree that the establishment 
and development of air transport services between their respective territories 
shall be governed by the provisions of the present agreement, for which pur- 
pose they have appointed the following plenipotentiaries : His Excellency the 
Constitutional President of the Republic of Ecuador, Sefior Don Enrique 
Arizaga Toral, Minister of the Treasury, Acting Minister for Foreign Affairs; 

His Excellency the President of the United States of America, Mr. Robert 
McGregor Scotten, his Ambassador Extraordinary and Plenipotentiary in 
Quito. 

Who, having exhibited their Full Powers, found to be in good and due 
form, have agreed upon the following articles : 

Article 1 

Each contracting party grants to the other contracting party the rights as 
specified in the Annex hereto necessary for establishing the international civil 
air routes and services therein described, whether such services be inaugurated 
immediately or at a later date at the option of the contracting party to whom 
the rights are granted. 

Article 2 

Each of the air services so described shall be placed in operation as soon as 
the contracting party to whom the rights have been granted by Article 1 to 
designate an airline or airlines for the route concerned has authorized an 
airline for such route, and the contracting party granting the rights shall, 

1 2UST482;TIAS2196. 

409 



410 ECUADOR 

subject to Article 6 hereof, be bound to give the appropriate operating per- 
mission to the airline or airlines concerned; provided that the airlines so 
designated may be required to fulfill before the competent aeronautical 
authorities of the contracting party granting the rights the requirements of law 
and to comply with laws and the regulations in force and those which may be 
prescribed subsequently before being authorized to initiate the operations 
contemplated by this agreement; and provided that in areas of hostilities or 
of military occupation, or in areas affected thereby, this service shall be sub- 
ject to the approval of the competent military authorities. 

Article 3 

In order to prevent discriminatory practices and to assure equality of treat- 
ment, both contracting parties agree that: 

(a) Each of the contracting parties may impose or permit to be imposed 
just and reasonable charges for the use of public airports and other facilities 
under its control. Each of the contracting parties agrees, however, that these 
charges shall not be higher than would be paid for the use of such airports 
and facilities by its national aircraft engaged in similar international services. 

(b) Fuel, lubricating oils, and spare parts introduced into the territory of 
one contracting party by the other contracting party or its nationals, and in- 
tended solely for use by aircraft of the airlines of such contracting party shall, 
with respect to the imposition of customs duties, inspection fees or other 
national duties or charges by the contracting party whose territory is entered, 
be accorded the same treatment as that applying to national airlines and to 
airlines of the most-favored-nation. 

( c ) The fuel, lubricating oils, spare parts, regular equipment and aircraft 
stores retained on board civil aircraft of the airlines of one contracting party 
authorized to operate the routes and services described in the Annex shall, 
upon arriving in or leaving the territory of the other contracting party, be 
exempt from customs, inspection fees or similar duties or charges, even though 
such supplies be used or consumed by such aircraft on flights in that territory. 

Article 4 

Certificates of airworthiness, certificates of competency and licenses issued 
or rendered valid by one contracting party and still in force shall be recog- 
nized as valid by the other contracting party for the purpose of operating the 
routes and services described in the Annex. Each contracting party reserves 
the right, however, to refuse to recognize, for the purpose of flight above its 
own territory, certificates of competency and licenses granted to its own 
nationals by the authorities of another state. 

Article 5 

(a) The laws and regulations of one contracting party relating to the 
admission to or departure from its territory of aircraft engaged in international 



AIR TRANSPORT SERVICES— JANUARY 8, 1947 411 

air navigation, or to the operation and navigation of such aircraft while 
within its territory, shall be applied to the aircraft of airlines designated by 
the other contracting party, and shall be complied with by such aircraft upon 
entering or departing from or while within the territory of the first party. 

(b) The laws and regulations of one contracting party as to the admis- 
sion to or departure from its territory of passengers, crew, or cargo of aircraft, 
such as regulations relating to entry, clearance, immigration, passports, cus- 
toms and quarantine shall be complied with by or on behalf of such passen- 
gers, crew or cargo of the airlines designated by the other contracting party 
upon entrance into or departure from or while within the territory of the 
first party. 

Article 6 

Each contracting party reserves the right to withhold or revoke the certifi- 
cate or permit of an airline designated by the other contracting party in the 
event substantial ownership and effective control of such airline are not 
vested in nationals of the other contracting party, or in case of failure by the 
airline designated by the other contracting party to comply with the laws 
and regulations of the contracting party over whose territory it operates, as 
described in Article 5 hereof, or otherwise to fulfill the conditions under which 
the rights are granted in accordance with this agreement and its Annex; or 
in case the aircraft in service are not operated by crews which are nationals 
of the other contracting party, except when the crews are receiving 
instruction. 

Article 7 

This agreement and all contracts connected therewith shall be registered 
with the Provisional International Civil Aviation Organization or its 
successor. 

Article 8 

Existing rights and privileges relating to air transport services which may 
have been granted previously by either of the contracting parties to an air- 
line of the other contracting party shall continue in force according to their 
terms. 

Article 9 

This agreement or any of the rights for air transport services granted there- 
under may, without prejudice to Article 8 above, be terminated by either 
contracting party upon giving one year's notice to the other contracting 
party. 

Article 10 

In the event cither of the contracting parties considers it desirable to modify 
the routes or conditions set forth in the attached Annex, it may request con- 

259-333—71 28 



412 ECUADOR 

sultation between the competent authorities of both contracting parties, such 
consultation to begin within a period of sixty days from the date of the 
request. When these authorities mutually agree on new or revised conditions 
affecting the Annex, their recommendations on the matter will come into 
effect after they have been confirmed by an exchange of diplomatic notes. 

Article 11 

Except as otherwise provided in this agreement, or its Annex, any dispute 
between the contracting parties relative to the interpretation or application 
of this agreement, or its Annex, which cannot be settled through consultation 
shall be submitted for an advisory report to the Interim Council of the Pro- 
visional International Civil Aviation Organization (in accordance with the 
provisions of Article III, Section six (8) of the Provisional Agreement on 
International Civil Aviation signed at Chicago on December 7, 1944 2 ) or 
to its successor, unless the contracting parties agree to submit the dispute to 
an arbitration tribunal designated by agreement between the same contracting 
parties, or to some other person or body. The executive authorities of each of 
the contracting parties will use their best efforts under the powers available 
to them to put into effect the opinion expressed in any such report. 

Article 12 

Upon the coming into force of a general multilateral aviation convention, 
agreed to by both contracting parties, the provisions of the present agreement 
shall be modified to conform with those of such convention. 

Article 13 

For the purposes of this agreement and its Annex, except where otherwise 
provided therein: 

(a) the expression "aeronautical authorities" shall mean, in the case of 
the United States of America, the Civil Aeronautics Board, and any person 
or agency authorized to perform the functions exercised at the present time 
by the Civil Aeronautics Board, or similar functions, and in the case of the 
Republic of Ecuador, the Minister of National Defense or any person or 
agency authorized to perform the functions exercised at present by that 
Minister, or similar functions. 

(b) the expression "designated airlines" shall mean those airlines, that 
the aeronautical authorities of one of the contracting parties have stated in 
writing to the aeronautical authorities of the other contracting party, have 
been designated by it, in conformity with the stipulations of this agreement, 
for the routes specified in such designation. 



' EAS 469, ante, vol. 3, p. 934. 



AIR TRANSPORT SERVICES— JANUARY 8, 1947 413 

Article 14 

This ageement, including the provisions of the Annex thereof, will come 
into force when ratified by Ecuador in accordance with its Constitution. 

In witness whereof, the plenipotentiaries heretofore mentioned have signed 
the present agreement and have affixed their seals thereto. 

Done at Quito this eighth day of January, 1947, in duplicate in the English 
and Spanish languages, each of which shall be of equal authenticity. 

For the Government of the United States of America : 

R. M. SCOTTEN [SEAL] 

For the Government of the Republic of Ecuador: 

E. Arizaga Toral [seal] 

annex to commercial air transport agreement between the govern- 
ment of the united states of america and the government of the 
republic of ecuador 

Section 1 

It is agreed between the contracting parties: 

A. That the airlines of the two contracting parties operating on the routes 
described in this Annex shall enjoy fair and equal opportunity for the opera- 
tion of the said routes. 

B. That the air transport capacity offered by the airlines of both countries 
should bear a close relationship to traffic requirements. 

C. That in the operation of common sections of trunk routes the airlines 
of the contracting parties should take into account their reciprocal interests 
so as not to affect unduly their respective services. 

D. That the services provided by a designated airline under this agree- 
ment and its Annex shall retain as their primary objective the provision of 
capacity adequate to the traffic demands between the country of which such 
airline is a national, and points under its jurisdiction, and the country of 
ultimate destination of the traffic. 

E. That the right to embark and to disembark at points under the juris- 
diction of the other contracting party international traffic destined for or 
coming from third countries at a point or points hereinafter specified, shall be 
applied in accordance with the general principles of orderly development to 
which both Governments subscribe and shall be subject to the general prin- 
ciple that capacity shall be related : 

1 . To traffic requirements between the country of origin, and points under 
its jurisdiction, and the countries of destination. 

2. To the requirements of through airline operation, and 



414 ECUADOR 

3. To the traffic requirements of the area through which the airline passes 
after taking account of local and regional services. 

F. The appropriate aeronautical authorities of each of the contracting 
parties will consult from time to time, or at the request of one of the parties, 
to determine the extent to which the principles set forth in Section E of this 
Annex are being followed by the airlines designated by the contracting parties, 
so as to prevent an unfair proportion of traffic being diverted from any desig- 
nated airline through violation of the principle or principles enunciated else- 
where in this agreement or its Annex. 

Section 2 

A. Airlines of the United States of America, designated in conformity 
with the present agreement, are accorded rights of transit and of nontraffic 
stop in the territory of the Republic of Ecuador as well as the right to pick up 
and discharge international traffic in passengers, cargo, and mail at Quito, 
Guayaquil, Riobamba, Esmeraldas, Manta, Salinas, Cuenca and Loja, on 
the following routes via intermediate points in both directions : 

1. The United States and/or the Canal Zone to Quito, Riobamba, 
Esmeraldas, Manta, Salinas, Guayaquil, Cuenca and Loja and beyond 
Ecuador. 

a. From Quito to Ipiales, Colombia 

b. To points in Peru and beyond 

2. The United States to Quito and Guayaquil and thence to Peru and 
beyond. 

On the above route the airline or airlines authorized to operate the route 
may operate nonstop flights between any of the points enumerated omitting 
stops at one or more of the other points so enumerated. 

B. Airlines of the Republic of Ecuador, designated in conformity with 
the present agreement, are accorded rights of transit and of nontraffic stop in 
the territory of the United States of America as well as the right to pick up and 
discharge international traffic in passengers, cargo, and mail at a point or 
points in the territory of the United States along a route or routes agreed to by 
the Governments of the United States and of Ecuador at such time as the 
Government of Ecuador desires to commence operations. 

On the above route the airline or airlines authorized to operate the route 
may operate nonstop flights between any of the points enumerated omitting 
stops at one or more of the other points so enumerated. 



HEALTH AND SANITATION PROGRAM 

Exchange of notes and extension agreement signed at Quito June 21, 
1947 , supplementing and extending agreement of February 24, 
1942, as supplemented and extended 

Entered into force June 21, 1947 ; operative January 1, 1948 

Program expired June 30, 1960 

61 Stat. 3103; Treaties and Other 
International Acts Series 1645 

The American Charge d ! Affaires ad interim to the Minister of Foreign Affairs 

Embassy of the 
United States of America 
no. 211 Quito, June 21, 1947 

Excellency: 

I have the honor to refer to the Embassy's note no. 503 of December 23, 
1944 and the Ministry's reply, note no. 12-DDP-3 of January 15, 1945, 1 
the exchange of communications under which our governments agreed to 
continue until December 31, 1947 the cooperative program of public health 
and sanitation in Ecuador initiated in 1942. 2 

Since Your Excellency's Government expressed a desire for an extension 
of this agreement, and since my government was agreeable to extend it in 
modified form to June 30, 1948, Dr. Charles H. Miller, Special Representa- 
tive of the Institute of Inter- American Affairs, undertook to discuss the matter 
with the appropriate officials of the Ecuadoran Ministry of Social Welfare 
and Labor. Approval of these direct discussions between Dr. Miller and the 
Ministry of Social Welfare and Labor was given during my recent conversa- 
tion with the Under Secretary of the Ministry of Foreign Relations. 

Enclosed is a copy of the agreement which they reached as signed today 
by Dr. Miller for the Institute of Inter-American Affairs and by Dr. Adolfo 
Jurado Gonzalez for the Ministry of Social Welfare and Labor. 

I would be glad if Your Excellency would be so good as to confirm to 
me your approval of the proposals set forth in this agreement. 



1 EAS 473, ante, p. 398. 

"Exchange of notes at Washington Feb. 24, 1942 (EAS 379), ante, p. 368. 



415 



416 ECUADOR 

It would be appreciated if I could have two signed copies of Your Excel- 
lency's reply. 

Please accept, Excellency, the renewed assurances of my highest and most 
distinguished consideration. 

Geo. P. Shaw 
Charge d' Affaires ad interim 

Enclosures : 

Copy of Agreement. 

Copy of translation of Agreement. 

His Excellency 

Doctor Jose Vicente Trujillo, 
Minister for Foreign Affairs, 
Quito. 

EXTENSION AGREEMENT 

Relative to the Extension of the Cooperative Health and Sanitation Program 
by the Government of Ecuador and the Institute of Inter-American Affairs 

This Extension Agreement between Dr. Adolfo Jurado Gonzalez Min- 
ister of Social Welfare and Labor (hereinafter called the "Minister"), rep- 
resenting the Government of Ecuador, and the Institute of Inter-American 
Affairs, a corporate instrumentality of the Government of the United States 
of America (hereinafter called the "Institute"), represented by Dr. Charles 
H. Miller (hereinafter referred to as the "Special Representative") , is entered 
into for the purpose of recording an extension and modification of the coop- 
erative health and sanitation program which was undertaken in Ecuador 
pursuant to the exchange of notes between His Excellency Senor Dr. Eduardo 
Salazar, Minister Counselor of the Ecuadorean Embassy to the United States 
and the Honorable Mr. Sumner Welles, Under Secretary of State of the 
United States on February 24, 1942, as modified by subsequent exchange of 
notes between the Honorable Robert McGregor Scotten, Ambassador of the 
United States to Ecuador, and His Excellency Dr. Camilo Ponce Enriquez, 
Minister of Foreign Affairs of Ecuador, on December 23, 1944 and Janu- 
ary 15, 1945, respectively, and in accordance with the agreement contained 
in the exchange of correspondence between the Representative of the Institute 
and the Minister of Social Welfare of Ecuador, dated January 4 and Janu- 
ary 8, 1943, respectively, as further modified by later correspondence between 
the Executive Vice President of the Institute and the Minister of Social 
Welfare of Ecuador dated December 22, 1944, January 13, 1945, and Jan- 
uary 18, 1945, (all of such notes and exchange of correspondence being 
hereafter collectively called the "Basic Agreement"). 



HEALTH AND SANITATION— JUNE 21, 1947 417 

Clause I 

The parties hereto mutually intend, agree and declare that the Basic Agree- 
ment, be and hereby is extended for an additional period of six months 
beginning the first day of January 1 948 and ending the thirtieth day of June, 
1948 and modified according to the clauses hereinafter set forth. 

Clause II 

The cooperative health and sanitation program in Ecuador shall continue 
to be carried out through the Servicio Cooperativo Interamericano de Salud 
Publica (hereinafter called the "Servicio"). 

Clause III 

The Institute shall continue to be represented in Ecuador by a field party 
of its officials and technicians known as the "Field Party of the Health and 
Sanitation Division of The Institute of Inter-American Affairs in Ecuador", 
and the Field Party shall remain under the immediate direction of an Institute 
official known as the "Chief of Field Party". The Chief of Field Party shall 
continue to serve as Director of the Servicio for the period comprehended by 
this Extension Agreement. 

Clause IV 

The balance ( in the amount of approximately four hundred sixty thousand 
sucres — S/.460,000.00) of the deposit of nine hundred twenty thousand 
sucres (S/.920,000.00) required by the Basic Agreement to be made by the 
Government of Ecuador during January, 1947 in the Banco Central del 
Ecuador (or any other bank mutually agreed upon by the Minister and the 
Chief of Field Party) to the credit of the Servicio for use in carrying out the 
cooperative program, has not been made and the parties hereby agree to 
extend the time for making the deposit of such balance of approximately 
S/.460,000.00 and the Government of Ecuador agrees to deposit such bal- 
ance of funds in the said bank to the account of the Servicio during the month 
of August, 1947. 

Clause V 

In addition to the funds required to be deposited by the parties pursuant 
to the Basic Agreement and the funds referred to in Clause IV hereof, the 
cooperative health and sanitation program will be further financed as follows : 

A. The Institute shall contribute the sum of not to exceed $180,000 
USC, of which amount $100,000 USC shall be deposited to the account of 
the Servicio in the bank mentioned in Clause IV hereof in the following 
manner: 

During August 1947 $50, 000 

During January 1948 50, 000 



$100,000 



418 ECUADOR 

B. The Institute will use the balance of funds, in the amount of $80,000 
USC, required to be contributed by this Extension Agreement for payment 
of the salaries and expenses, including traveling expenses of the personnel 
of the Institute Field Party in Ecuador and other Institute employees. The 
sum of $80,000 USC will be retained by the Institute for these purposes and 
maintained separate and apart from the funds required hereby to be deposited 
to the account of the Servicio by the Institute and any unexpended portion 
of such retained funds shall remain the property of the Institute. 

C. The Government of Ecuador shall deposit in the account of the Ser- 
vicio in the bank mentioned in Clause IV hereof the sum of two hundred 
thousand dollars USC — $200,000.00 — or its equivalent in sucres, computed 
at a rate of exchange not smaller than 13.4 sucres to the dollar, in the 
following manner: 

One hundred thousand dollars, or its equivalent in sucres, during 

August, 1947. 
One hundred thousand dollars, or its equivalent in sucres during 

January, 1948. 

D. The Institute may withhold from the deposits called for by Clause 
V-A hereof the estimated amounts deemed necessary by the Minister and the 
Chief of Field Party to pay for the purchase in the United States of America 
of materials, supplies and equipment and other expenses relating to the execu- 
tion of the program. Any funds so withheld by the Institute shall be consid- 
ered as deposited under the terms of Clause V-A hereof but, if they are not 
expended or obligated for such purposes, they shall be deposited to the 
account of the Servicio at any time by mutual agreement of the Minister and 
the Chief of Field Party. 

E. By written agreement between the Minister and the Chief of Field 
Party, the dates for making deposits, as fixed under Clauses IV, V— A and 
V-C hereof may be amended according to the needs of the program. 

F. Contributions, in addition to those set out in Clauses IV, V-A and 
V-C may be received at any time by the Servicio from any source whatsoever 
and expended by it in the same manner as other funds for the uses and objec- 
tives of the cooperative health and sanitation program provided that the 
receipt of any such additional contributions by the Servicio shall first be 
agreed upon in writing in advance by the Minister, the Chief of Field Party 
and the Director of the Servicio. 

G. Interest on funds of the Servicio, and any income, upon investments 
of the Servicio, and any increment of assets of the Servicio of whatever nature 
of source, shall be dedicated to the realization of the program and shall not 
be credited against the contributions of the Government of Ecuador or of the 
Institute. 

Clause VI 

The funds provided in this Extension Agreement for deposit to the Servicio 
may be used for maintaining projects in operation, and for projects to be 



HEALTH AND SANITATION— JUNE 21, 1947 419 

placed in operation. The cooperative health and sanitation program shall 
continue to consist of individual projects. Each project shall be embodied in 
a written project agreement which shall be mutually accepted and signed by 
the Minister, the Chief of Field Party and the Director of the Servicio. Each 
project agreement shall define the nature of the work to be done, the alloca- 
tion of funds therefor, the parties responsible for the execution of the project 
and any other matters which the contracting parties may wish to determine. 
The transfer from the Servicio to the Ministry of Social Welfare and Labor, 
or otherwise, of the administration, operation, control and ownership of the 
individual projects shall be determined and prescribed for in written agree- 
ments signed by the Minister, the Chief of Party and the Director of the 
Servicio. 

Clause VII 

The general policies and procedures governing the realization of the coop- 
erative health and sanitation program, the carrying out of the projects, and 
the operations of the Servicio such as, but not limited to, the disbursement 
and accounting of funds, the purchase, use, inventory, control and disposition 
of property, and any other administrative matters, shall be determined and 
established by mutual agreement between the Minister, the Chief of Field 
Party and the Director of the Servicio. The procedures and methods estab- 
lished and in use for the operation of the Servicio under the Basic Agreement 
shall continue to apply to the operation of the Servicio during the period 
fixed in this Extension Agreement unless changed and amended as herein 
provided. 

Clause VIII 

The Servicio, an integral part of the Ecuadorean Government, shall be 
exempt and immune from any and all taxes, fees, charges, imposts and 
customs duties, whether national, provincial or municipal and from all 
requirements for licenses. 

Clause IX 

For the purpose of this agreement, the Government of Ecuador accepts and 
recognizes the Institute as a corporate instrumentality of the Government of 
the United States of America and therefore, among other things, the Institute 
shall be exempt from all import and export tariffs, taxes, contributions and 
other charges. 

Clause X 

The Minister, the Chief of Field Party and the Director of the Servicio are 
empowered to delegate their authority, prerogatives and functions to duly 
appointed representatives of their own choosing provided that each such 
representative shall be satisfactory to the said official of the other government. 



420 ECUADOR 

Clause XI 

This Extension Agreement shall become effective upon the exchange of 
diplomatic notes concerning the health and sanitation program between the 
Ministry of Foreign Affairs of the Government of Ecuador and the Embassy 
of the United States of America to Ecuador, or upon the date of execution 
hereof, in the event such notes have heretofore been exchanged. The Basic 
Agreement shall remain in full force and effect for the purpose of extending 
the cooperative health and sanitation program, except as it is modified or is 
inconsistent with this Extension Agreement. 

In witness whereof, the parties hereto have caused this Extension 
Agreement to be executed by their duly authorized representatives, in dupli- 
cate in the English and Spanish languages at Quito, Ecuador, this 21 day 
of June, 1947. 

Ministry of Social Welfare The Institute of Inter- 

and Labor American Affairs 

By A. Jurado By Dr. Charles H. Miller 
Minister Special Representative 



The Minister of Foreign Affairs to the American Charge d' Affaires ad interim 

[TRANSLATION] 

REPUBLIC OF ECUADOR 

MINISTRY OF FOREIGN RELATIONS 

DIPLOMATIC DEPARTMENT 

no. 150-ddp Quito, June 21, 1947 

Mr. Charge d'affaires : 

I have the honor to acknowledge receipt of your courteous note number 
2 1 1 of June 2 1 of the current year, in which reference is made to communi- 
cations numbered 503 of December 23, 1944, and 12-DDP-3 of January 15, 
1945, exchanged between your Embassy and this Ministry, respectively, by 
which our two Governments agreed to continue, until December 31, 1947, 
the co-operative program of public health and sanitation in Ecuador, which 
was inaugurated in the year 1942. 

2. You add that, after my Government proposed to your Government 
to extend the said Agreement, subject to amendments thereto, until June 30, 
1948, Dr. Charles H. Miller, Special Representative of the Institute of Inter- 
American Affairs, began to discuss the said amendments with the proper 
Authorities of Ecuador — the same amendments that have been definitively 
approved and that appear in the Agreement signed today by Doctor Adolfo 
Jurado Gonzalez, Minister of Social Security and Labor, and Doctor Miller, 
representing the Institute of Inter- American Affairs. 



HEALTH AND SANITATION— JUNE 21, 1947 421 

3. You were good enough to transmit copies of the above-mentioned 
Agreement to me with the note which I am answering. 

4. Concerning this matter, I am happy to inform you that the Govern- 
ment of Ecuador accepts and ratifies the terms agreed upon in the above- 
mentioned Agreement. 

5. I beg Your Honor to be so good as to express to the Government of 
the United States of North America the thanks of the Government of my 
country for this proof of friendly co-operation. 

I avail myself of this occasion to renew to you the assurances of my dis- 
tinguished consideration. 



Jose Trujillo 



The Honorable Geo. P. Shaw, 

Charge d' Affaires ad interim of the 
United States of North America. 



CIVIL AVIATION MISSION 

Exchange of notes at Quito October 24 and 27, 1947, with statement 

of conditions 
Entered into force October 27, 1947 
Amended by agreement of June 30 and October 13, 1949 1 

61 Stat. 4013; Treaties and Other 
International Acts Series 1774 

The American Ambassador to the Minister of Foreign Affairs 

Embassy of the 
United States of America 
no. 372 Quito, October 24, 1947 

Excellency: 

I have the honor to refer to my conversation with Your Excellency, yester- 
day, at which time I presented to you certain members of the Mission sent 
from the United States as part of the program of the Interdepartmental Com- 
mittee of Scientific and Cultural Cooperation, which is at present in Quito, 
primarily for the purpose of arranging for the exchange of civil aviation tech- 
nicians between our respective countries. Your Excellency was so kind as to 
authorize me and the Mission above referred to, to enter into preliminary 
conversations directly with the Minister of National Defense in order to arrive 
at a prompt understanding as to what is needed by Ecuador for the develop- 
ment of civil aviation in this country and the extent to which Ecuador would 
be able to participate in financing such a program. 

Your Excellency will remember that the Ecuadoran Ambassador in Wash- 
ington transmitted a note dated April 8, 1947 to the Department of State, 
indicating that Ecuador desires the services of one or more civil aviation tech- 
nical experts. It was desired that these technicians should come to Ecuador 
for certain specific purposes to be defined by the Ecuadoran Direction of Civil 
Aviation. 

I informed the Minister of National Defense this morning that the United 
States is now prepared to send such technical experts to Ecuador as may be 
requested by this country, and that the terms and conditions under which 

1 Post, p. 460. 
422 



CIVIL AVIATION— OCTOBER 24 AND 27, 1947 423 

this service may be provided have been set out in a memorandum containing 
fourteen points, which is attached to this note. The Minister has been in- 
formed of these general principles and has indicated that they are acceptable. 
He also has indicated that it will be possible for Ecuador to participate to 
the extent of partially reimbursing the United States at the rate of $2,000 
per year per expert, for its expenses in connection with this Mission, funds 
which will be provided and paid in accordance with the principles already 
mentioned. (See point no. 7 in the attached memorandum). 

Your Excellency is informed further that for budgetary reasons it is neces- 
sary to have a general commitment of the Republic of Ecuador to this pro- 
gram, in order to obligate funds which are now available in the United 
States for the purpose of sending the individuals desired by the Republic of 
Ecuador. Unless the obligation of these funds is made at an early date, they 
may revert to the Treasury and become unavailable for this purpose. In 
view of the situation just described, it would be greatly appreciated if Your 
Excellency should provide me with a note accepting the general terms set 
out, it being understood that the details as to the number of technicians 
desired, their qualifications, the time of their arrival, etc., are to be decided 
upon later. It is hoped that Your Excellency may find it possible to let me 
have the reply of your Government by Monday, so that a copy of the note 
may be taken directly to Washington by the Mission, which is departing 
from Quito on Tuesday, October 28. 

Please accept, Excellency, the renewed assurances of my highest and most 
distinguished consideration. 

John F. Simmons 

His Excellency 

Doctor Jose Vicente Trujillo, 
Minister for Foreign Affairs, 
Quito. 

Enclosure No. 1 of 3 pages: 
Statement of Conditions 

STATEMENT OF CONDITIONS 
TECHNICAL ASSISTANCE MISSION TO ECUADOR 

Subject to the availability of suitable technicians and appropriated funds 
for the purpose and in accordance with the following conditions, the Gov- 
ernment of the United States of America agrees to make available to the 
Government of Ecuador the services of technicians in the field of civil aviation 
as requested by the Government of Ecuador: 

1. The assignment of each technician shall be of indefinite duration, 
subject to joint periodic review. 



424 ECUADOR 

2. The Government of the United States of America agrees to give the 
fullest consideration to any requests of the Government of Ecuador for an 
increase or decrease in the number of technicians originally furnished, or for 
the assignment of technicians in different fields of civil aviation. 

3. The Government of the United States of America shall designate a 
Chief of Mission authorized to deal with the Government of Ecuador. Mis- 
sion members shall be responsible to the Chief of Mission. All members shall 
serve as advisers to the Government of Ecuador in their respective fields but 
may volunteer opinions on related civil aviation matters when deemed 
advisable. 

4. Mission members, during the period the Mission is in operation and 
thereafter, undertake not to divulge or reveal in any form to any third Gov- 
ernment or person confidential or secret matters of which they may become 
cognizant in the exercise of their duties. 

5. Compensation of Mission members shall not be subject to any tax 
now or hereafter in effect of the Government of Ecuador or any of its political 
or administrative subdivisions. Should there, however, at present or while 
this agreement is in effect, be any taxes that might affect this compensation, 
such taxes shall be paid by the Government of Ecuador, in order to comply 
with the provisions of this paragraph. 

6. The Government of the United States of America shall pay the salary, 
allowances, travel expenses to and from Ecuador, and any additional com- 
pensation of the technicians, subject to partial reimbursement by the Govern- 
ment of Ecuador. 

7. The Government of Ecuador shall reimburse the Government of the 
United States of America toward the expenses incurred in connection with 
the assignment of each technician at the completion of each six-month period 
of each assignment. However, for accounting and procedural reasons, it will 
not be necessary for the Government of Ecuador to make any payments to 
the Government of the United States of America until such time as the Gov- 
ernment of Ecuador shall have received a statement of its obligations in this 
connection. 

8. The Government of Ecuador shall provide for entry free of customs 
duties for supplies, materials and effects for the professional and personal use 
of the technicians. 

9. The Government of Ecuador shall provide the technicians with means 
of transportation within Ecuador, outside of the headquarters location, 
incurred in the conduct of their duties and pay the cost thereof, as well as 
the cost of acquisition of material, equipment and facilities necessary to the 
conduct of the Mission. 

10. The Government of Ecuador shall provide technicians with suitably- 
equipped offices and adequate bilingual stenographic personnel and other 
employees, and bear the cost thereof. 



CIVIL AVIATION— OCTOBER 24 AND 27, 1947 425 

1 1 . The Government of Ecuador shall grant to authorized members of 
the Mission, approval to make flights in Ecuador in aircraft of United States 
or Ecuadoran registry as deemed necessary in the performance of the Mission. 

12. The Government of Ecuador shall permit the transportation of the 
body of any technician detailed under these conditions who may die in 
Ecuador, to a place of burial in the United States of America selected by the 
surviving members of the family or their legal representatives. 

13. The Government of Ecuador shall assume civil liability on account 
of damages to or loss of property or on account of personal injury or death 
caused by any member of the Mission while acting within the scope of his 
duties. 

14. The above conditions may be modified in whole or in part by an 
exchange of notes between the Government of the United States of America 
and the Government of Ecuador. 



The Minister of Foreign Affairs to the American Ambassador 

[TRANSLATION] 

REPUBLIC OF ECUADOR 

MINISTRY OF FOREIGN AFFAIRS 

DIPLOMATIC DEPARTMENT 

No. 241-ddp Quito, October 27, 1947 

Mr. Ambassador: 

I have the honor to reply to Your Excellency's courteous note No. 372 of 
October 24 instant, in which you are good enough to inform me concerning 
the conversations with the Minister of National Defense, in which Your 
Excellency and the Members of the Mission sent by the United States as part 
of the program of the Interdepartmental Committee on Scientific and Cul- 
tural Cooperation took part, for the prime purpose of entering into arrange- 
ments for the interchange of civil aviation technicians between our respective 
countries for the development of civil aviation in Ecuador, and the extent to 
which my Government would be disposed to participate in financing such a 
program. With reference to these conversations and the desires expressed to 
the Department of State by the Ecuadoran Embassy in Washington on April 
8 last, regarding the sending of one or more expert technicians in civil avia- 
tion to this country, Your Excellency sends me a Memorandum containing 
14 points, which the Ministry of National Defense has found to be acceptable, 
and on which the Government of Ecuador is asked to express its opinion as 
soon as possible. Furthermore, Your Excellency points out the special urgency 
with which it is necessary to reach a general agreement on this program, 
since otherwise it might not be possible to count on the funds at present avail- 
able in the United States for this purpose. 



426 ECUADOR 

2. In reply I am pleased to inform Your Excellency, after consultation 
with the competent authorities, that my Government accepts the general 
terms contained in the Memorandum enclosed with the communication of 
the 24th of this month, to which I have the honor to reply; and my Gov- 
ernment approves and confirms the terms of the note with reference to the 
conversations between Your Excellency and the Members of the Mission and 
the Minister of National Defense. My Government understands, conse- 
quently, that by virtue of this reply, the aforesaid Memorandum constitutes 
the common basis, accepted and agreed upon with the Government of the 
United States of America, according to which there will be determined later, 
by mutual agreement, the details relative to the number of technicians, their 
specialties, the time of their arrival in the country, and other particulars 
which may be considered necessary, as indicated by Your Excellency in the 
same communication. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

For the Minister, the Under Secretary: 

E.S.yA. 

[Eduardo Samaniego y Alvarez] 

His Excellency 

John F. Simmons, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America. 



EXCHANGE OF PUBLICATIONS 

Exchange of notes at Quito October 21 and 29, 1947 
Entered into force October 29, 1947 



61 Stat. 3322; Treaties and Other 
International Acts Series 1668 



The American Ambassador to the Minister of Foreign Affairs 

Embassy of the 
United States of America 
no. 370 Quito, October 21, 1947 

Excellency: 

I have the honor to refer to the conversations which have taken place 
between representatives of the Government of the United States of America 
and representatives of the Government of Ecuador in regard to the exchange 
of official publications, and to inform Your Excellency that the Government 
of the United States of America agrees that there shall be an exchange of 
official publications between the two Governments in accordance with the 
following provisions : 

1. Each of the two Governments shall furnish regularly a copy of each 
of its official publications which is indicated in a selected list prepared by the 
other Government and communicated through diplomatic channels subse- 
quent to the conclusion of the present agreement. The list of publications 
selected by each Government may be revised from time to time and may be 
extended, without the necessity of subsequent negotiations, to include any 
other official publication of the other Government not specified in the list, 
or publications of new offices which the other Government may establish in 
the future. 

2. The official exchange office for the transmission of publications of the 
Government of the United States of America shall be the Smithsonian Insti- 
tution. The official exchange office for the transmission of publications of the 
Government of Ecuador shall be the Biblioteca Nacional. 

3. The publications shall lie received on behalf of the United States of 
America by the Library of Congress and on behalf of the Republic of Ecua- 
dor by the Biblioteca Nacional. 

427 



428 ECUADOR 

4. The present agreement does not obligate either of the two Govern- 
ments to furnish blank forms, circulars which are not of a public character, 
or confidential publications. 

5. Each of the two Governments shall bear all charges, including postal, 
rail and shipping costs, arising under the present agreement in connection 
with the transportation within its own country of the publications of both 
Governments and the shipment of its own publications to a port or other 
appropriate place reasonably convenient to the exchange office of the other 
Government. 

6. The present agreement shall not be considered as a modification of 
any existing exchange agreement between a department or agency of one 
of the Governments and a department or agency of the other Government. 

Upon the receipt of a note from Your Excellency indicating that the fore- 
going provisions are acceptable to the Government of Ecuador, the Govern- 
ment of the United States of America will consider that this note and your 
reply constitute an agreement between the two Governments on this subject, 
the agreement to enter into force on the date of your note in reply. 

Accept, Excellency, the renewed assurances of my highest consideration. 

John F. Simmons 

His Excellency 

Doctor Jose Vicente Trujillo, 
Minister for Foreign Affairs, 
Quito. 

The Minister of Foreign Affairs to the American Ambassador 

[translation] 

REPUBLIC OF ECUADOR 

MINISTRY OP FOREIGN RELATIONS 

DEPARTMENT OF INTERNATIONAL ACTS 

AND ORGANIZATIONS 

no. 244-dao Quito, October 29, 1947 

Mr. Ambassador: 

I have the honor to refer to Your Excellency's courteous note numbered 
370, dated October 21, last, and to the conversations which took place 
between the representatives of the Government of Ecuador and the represent- 
atives of the Government of the United States of America in regard to the 
exchange of official publications. 

2. With respect thereto, I take the liberty of informing Your Excellency 
that the Ecuadoran Government is agreeable to the establishment of an 
exchange of official publications, in accordance with the following provisions : 

[For terms of agreement, see numbered paragraphs in U.S. note, above.] 



EXCHANGE OF PUBLICATIONS— OCT. 21 AND 29, 1947 429 

3. The Government of Ecuador considers that the above-mentioned com- 
munication from Your Excellency and this reply constitute an agreement be- 
tween the two Governments on this subject, the agreement to enter into 
force from this date. 

I avail myself of the opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

Jose V. Trujillo 

His Excellency 

John F. Simmons, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America. 



COOPERATIVE EDUCATION PROGRAM 

Exchange of notes at Quito October 2 and November 14, 1947 
Entered into force November 14, 1947 ; operative January 22, 1948 
Extended by agreements of August 16 and 21, 1948; x August 15 and 24, 
1949; x September 15, 1950; 2 September 27, 1951; 3 March 18 
and 31, 1952; 4 and March 17 and April 12, 1955 5 
Expired June 30, 1960 

61 Stat. 3902; Treaties and Other 
International Acts Series 1749 

The American Charge d' Affaires ad interim to the Minister of Foreign Affairs 

Embassy of the 
United States of America 
no. 325 Quito, October 2, 1947 

Excellency: 

I have the honor to refer to the exchange of notes between His Excellency 
Sr. Dr. Camilo Ponce Enriquez, Minister for Foreign Affairs of the Govern- 
ment of Ecuador, and The Honorable Robert McGregor Scotten, Ambassa- 
dor of the United States to the Government of Ecuador, on January 22, 1945, 6 
concerning the establishment of a cooperative education program in Ecuador. 
It will be recalled that my Government agreed to send a small staff of experts 
and technicians to Ecuador to cooperate with officials of the Ecuadoran Gov- 
ernment and, particularly, with the Minister of Public Education, in a specific 
program for the improvement of public education in Ecuador in accordance 
with a detailed agreement to be worked out between the Ministry of Public 
Education and the Inter-American Educational Foundation, Inc. 

Following the exchange of the above communications, details with regard 
to the execution of the program were agreed to by the Minister of Public 
Education and the President of the Inter-American Educational Foundation, 
Inc. In accordance with this agreement there was established within the 



1 2UST629;TIAS2215. 

2 2UST596;TIAS2211. 

3 2UST2491;TIAS2363. 

*3UST4008;TIAS2539. 

B 6UST3751;TIAS3373. 

6 TIAS 1660, ante, p. 401. 



430 



EDUCATION PROGRAM— OCT. 2 AND NOV. 14, 1947 431 

Ministry of Public Education the Servicio Cooperativo Interamericano de 
Educacion through which the cooperative program has been administered. 

In accordance with recent legislation passed by the Congress of the United 
States of America, all of the property, assets, functions, personnel, liabilities 
and restrictions of the Inter-American Educational Foundation, Inc., have 
been transferred to and assumed by The Institute of Inter-American Affairs, 
the now corporate instrumentality of the United States Government created 
by such legislative action. 

I have now been informed by the Department of State in Washington 
that additional funds amounting to $7,168 U.S. currency have been made 
available by The Institute of Inter-American Affairs for the continuation 
of the joint education program in Ecuador to be expended over a period to 
be mutually agreed upon by the appropriate officials of the Ecuadoran Gov- 
ernment and a representative of The Institute of Inter-American Affairs. It 
has been suggested that the extension of the program cover the period from 
the expiration date of the present agreement, which is January 22, 1948, 
through June 30, 1948. It is proposed that the entire additional contribution 
of $7,168 U.S. currency, to be made available by the Institute in connection 
with the continuation of the program, shall be retained by the Institute for 
payment directly or on account of salaries and other expenses of members 
of the Institute field staff who are maintained by the Institute in Ecuador. 
It is also understood that your Government would contribute to the Servicio 
for expenditure by that entity not less than the equivalent in sucres of $7,000 
U.S. currency, computed at the rate of exchange of 13.4 sucres to the dollar 
in addition to amounts already required under the present agreement to be 
contributed to the program by your Government. 

If Your Excellency agrees that the proposed arrangement as outlined above 
is acceptable to your Government, I would appreciate receiving an expression 
of Your Excellency's opinion and agreement thereto as soon as may be pos- 
sible in order that the technical details of the program may be worked out 
by the Ministry of Public Education and The Institute of Inter-American 
Affairs. 

Should Your Excellency advise me that the proposed arrangement is 
acceptable it would be possible to proceed with the signing of the extension 
agreement in the name of the Institute immediately, inasmuch as Dr. Pedro 
Osuna, Special Representative Education Division, The Institute of Inter- 
American Affairs, in Ecuador, has been authorized to sign on behalf of the 
Institute. 

A copy of a suggested extension agreement is attached hereto for reference 
to the appropriate interested authorities. 7 



7 For text of extension agreement signed Nov. 11, 1947, see 61 Stat. 3904 or p 3 of 
TIAS 1749. 



432 ECUADOR 

Please accept, Excellency, the renewed assurances of my highest and most 
distinguished consideration. 

Geo. P. Shaw 
Charge d' Affaires, a.i. 

His Excellency 

Dr. Jose Vicente Trujillo, 

Minister for Foreign Affairs, 
Quito. 



The Minister of Foreign Affairs to the American Ambassador 

[translation] 

REPUBLIC OF ECUADOR 

MINISTRY OF FOREIGN RELATIONS 

DIPLOMATIC DEPARTMENT 

No. 265-ddp Quito, November 14, 1947 

Mr. Ambassador: 

I have the honor to refer once more to Your Excellency's courteous com- 
munication No. 325 of October 2 last and to my communication No. 231- 
DDP in reply, dated the 18th of the same month, regarding the extension 
of the Agreement for the functioning of the Servicio Cooperativo Inter- 
americano de Educacion in Ecuador for the period between January 22 and 
June 30, 1948. 

2. In accordance with what I took the liberty of stating in paragraph 
5 of my aforesaid note, and in view of the reply of the Ministry of Public 
Education to my inquiry in the matter, I have the honor to inform Your 
Excellency today that my Government appreciates the importance and use- 
fulness of the work being done by the Servicio Cooperativo de Educacion 
and considers it essential that it be carried through to its conclusion. There- 
fore, it agrees to and accepts with pleasure the proposal formulated by Your 
Excellency in the valued communication to which I refer, namely, to exten- 
sion from January 22 to June 30, 1948, of the program which the Servicio 
Cooperativo Interamericano de Educacion is carrying out in this country; 
subject to the provisions of the draft agreement thereunto appertaining, en- 
closed with Your Excellency's note No. 325 of October 2, 1947, the same 
that was previously discussed and agreed to by the Ministry of Public Educa- 
tion and Dr. Pedro Osuna, Special Representative in Ecuador of the Educa- 
tion Division of the Institute of Inter-American Affairs. 

3. For the purpose of making this extension of the said program effective 
until the date mentioned in the preceding paragraph, the Ministry of Public 
Education will include in its budget for the year 1948 the item necessary 
for that purpose; that is to say, the equivalent in sucres of Seven Thousand 
Dollars ($7,000.00 U.S. currency), computed at the rate of exchange of 



EDUCATION PROGRAM— OCT. 2 AND NOV. 14, 1947 433 

thirteen sucres, forty centavos (S/. 13.40) per dollar, which amount, added to 
the Seven Thousand One Hundred and Sixty-eight Dollars ($7,168.00 U.S. 
currency) that the Institute has at its disposal, will cover the financial require- 
ments of the Servicio Cooperativo de Educacion in Ecuador until June 30, 
1948. 

4. I therefore take pleasure in informing Your Excellency that the Min- 
istry of Public Education is prepared to sign the Agreement in question for 
extension of the Servicio Cooperativo de Educacion Piiblica in Ecuador with 
the Representative of the Education Division of the Institute of Inter- Ameri- 
can Affairs, in conformity with the text proposed by Your Excellency and 
with what was agreed upon in the aforesaid conversations that took place 
between the competent officials. 

I avail myself of this welcome opportunity to renew to Your Excellency 
the assurances of my highest and most distinguished consideration. 

For the Minister : 

Luis Coloma Silva 
Under Secretary ad interim 

His Excellency 

John F. Simmons, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America. 



AGRICULTURAL EXPERIMENT STATION 

Exchange of notes at Quito January 26 and April 16, 1948, with memo- 
randum of understanding; related note of May 14, 1948 
Entered into force April 16, 1948 
Superseded May 30, 1952, by agreement of May 29, 1952 r 

62 Stat. 3605; Treaties and Other 
International Acts Series 1875 

The American Ambassador to the Minister of Foreign Affairs 

no. 26 Quito, January 26, 1948 

Excellency: 

With reference to conversations between representatives of the Government 
of the United States of America and representatives of the Government of 
Ecuador with regard to the desirability of completing the establishment and 
continuing the operation of a cooperative agricultural station in Ecuador, I 
have the honor to inform Your Excellency that the Government of the United 
States of America is prepared to give effect to an agreement in the following 
terms: 

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF 
THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF ECUA- 
DOR REGARDING THE ESTABLISHMENT AND OPERATION OF A COOP- 
ERATIVE AGRICULTURAL STATION IN ECUADOR 

In conformity with the desire of the Government of Ecuador that the 
Government of the United States of America continue to cooperate with the 
Government of Ecuador in completing the establishment and continuing the 
operation of an agricultural station program in Ecuador, henceforth known as 
the Ecuadoran Agricultural Station (hereinafter referred to as the Station), 
for the purpose of promoting the production of basic and strategic agricultural 
products, the Government of the United States of America and the Govern- 
ment of Ecuador have reached the following understanding : 

1 . The general functions of the Station shall continue to be : ( a ) agro- 
nomic production investigations necessary to permanent agriculture in Ecua- 



1 3UST5339;TIAS2740. 
434 



AGRICULTURAL STATION— JAN. 26 AND APR. 16, 1948 435 

dor with complementary products, particularly cacao, rubber, barbasco, 
pyrethrum, and cinchona as cash crops; (b) assistance in the establishment 
of approved agricultural practices by agricultural extension work as liaison 
between the Station and private farmers; (c) the propagation of planting 
material for distribution to farmers; (d) cooperation with other agricultural 
institutions of the Western Hemisphere in the promotion of tropical agricul- 
ture through consultation and exchange of propagating material, scientific 
information, and personnel; and (e) cooperation with public health, coloni- 
zation, and agricultural rehabilitation agencies of the United States of 
America, Ecuador, and the Western Hemisphere in the development of 
agriculture in Ecuador. 

2. The Government of Ecuador will make available all land necessary to 
conduct investigations and demonstration work designed (a) to promote the 
profitable production of agricultural crops, with special emphasis on such 
export crops as cacao, rubber, fibers, insecticides, medicinals, and vegetable 
oils, and (b) to increase the income and foreign trade of the people of 
Ecuador. The Government of Ecuador shall continue to make available all 
lands described in Circular No. 435, dated October 18, 1946, of the Ministry 
of Economy, whereby a certain block of land was transferred to the Station 
from the Hacienda Pichilingue, which shall hereinafter be known as the 
Tropical Agricultural Station of Ecuador. The Station shall also continue to 
use, as long as deemed necessary, the properties known as La Favorita 
(Saloya) and Granja Escolar de Tumbaco. Such other lands as may be neces- 
sary shall be assigned to the Station, provided the Government of Ecuador 
considers it feasible, upon request of the Station Director. 

3. It is agreed that all products derived from experimental and demon- 
stration al plots and from other sources within the properties of the Station 
shall be the property of the Station and may be used or disposed of at the 
discretion of the Station Director. All funds derived from such disposal shall 
be used to help defray the expenses of the Station program. 

4. The Government of Ecuador shall also supply the funds necessary for 
(a) the preparation, printing, and distribution of four types of publications 
to be issued by the Station, as follows : 

( 1 ) popular Spanish circulars or articles written for the farm family by 
the staff and other qualified persons on such subjects as health, hygiene, com- 
munity organization, information on the Pacific region, aims of the Station, 
treatment of agricultural practices and methodology; 

(2) farm circulars written in Spanish and issued as required, dealing 
with specific farm practices or products; 

(3) technical bulletins in English or Spanish dealing with the results of 
specific scientific investigations by the Station ; and 

(4) an annual report in Spanish, covering the work of the Station per- 
formed during the year, and the status of agriculture in the region ; 

359-333—71 29 



436 ECUADOR 

(b) the services of Ecuadoran scientists to cooperate with each scientist 
detailed to the Station by the United States Department of Agriculture, and 
the services, as needed, of technologists qualified in the fields of land-survey- 
ing, topography, drainage, drafting, minor construction, chemical analysis, 
and library management; (c) stenographers, clerks, mechanics, machinists, 
field plot and laboratory assistants, and such unskilled labor as may be neces- 
sary to conduct the work of the Station; and (d) the transportation expense 
incurred by United States and Ecuadoran members of the staff for travel on 
Station business within Ecuador. 

5 . The Government of Ecuador shall provide : 

( a ) entry free of custom duties for 

( 1 ) supplies and equipment for the Station, and 

(2) supplies, clothes, foodstuffs, and personal belongings of the United 
States members of the Station staff whose salaries are paid by the Govern- 
ment of the United States ; 

(b) exemption from all Ecuadoran taxes based upon salaries for those 
United States members of the Station staff whose salaries are paid by the 
Government of the United States of America; and (c) when possible, Ecua- 
doran students in graduate study in various fields of agriculture in colleges 
or universities in the United States, who will return to Ecuador to work in 
the agricultural development program of their Government. 

6. With reference to the Tropical Agricultural Station of Ecuador, the 
Government of Ecuador agrees ( a ) to construct or complete 

( 1 ) residences complete with furnishings for the United States and Ecua- 
doran members of the staff, 

( 2 ) houses for the Station laborers and semi-technical force, 

(3) a hospital, with complete furnishings, services, and equipment (it is 
recommended that this hospital should be taken over by some other agency 
of the Government of Ecuador and operated to serve the entire region ) , and 

(4) service buildings, including repair shops and adequate buildings for 
storage of equipment and plant material, and 

( b ) to provide 

( 1 ) such buildings as may be needed for studies in livestock production 
and the housing of pilot plants for processing agricultural production for 
shipment, 

( 2 ) an adequate pump for providing a plentiful water supply, 

(3) an electric plant adequate to satisfy the lighting and power needs 
of the Station, 

(4) recreational facilities, including tennis courts and a football field and 
other facilities, and 

(5 ) a graduate medical doctor and nurse for the hospital. 



AGRICULTURAL STATION— JAN. 26 AND APR. 16, 1948 437 

It is agreed that every effort shall be made by the Government of Ecuador to 
complete the above building program on or before December 31, 1948. 
Funds for the above purposes shall not come from the regular operational 
budget of the Station, but shall be provided for separately, since these are 
obligations which have been assumed from the Ecuadoran Development 
Corporation by the Ministry of Economy and the Ministry of the Treasury, 
by Executive Decree number 1526-a, of July 31, 1946 (Registro Oficial 
number 663, of August 19, 1946) . An estimate of the necessary expenditures 
under this paragraph is attached hereto. These funds shall be assigned to the 
Station, which shall direct and administer the above provisions. 

7. It is declared that all constructions, machinery, vehicles, laboratories, 
tools, equipment, and any other properties, produce, or other materials, here- 
tofore acquired for the use of or by reason of the operation of the Station, 
including such property acquired as the result of contribution of the three 
signatories to the Memorandum of Understanding dated August 12, 1942 2 
(which, in accordance with the provisions of paragraph 17 hereof, is super- 
seded by the present Memorandum of Understanding), shall be exclusively 
available to the Station during the life of the present Memorandum of Un- 
derstanding. It is likewise declared that the properties, laboratories, and other 
materials, which are at present in the possession of the Station, shall be avail- 
able for the exclusive use of the Station during the life of the present 
Memorandum of Understanding. 

8. No property which is now in the possession of the Station, or which at 
any future time shall come into its possession, except as provided in paragraph 
3 of the present Memorandum of Understanding, may be disposed of or sold 
to any private or public institution or to any individual, until such property 
has been declared by the Station Director to be surplus property, and then the 
method of sale or disposal must be in accordance with the regulations of the 
Government which holds title to the said property. The ownership of all 
properties and equipment of the Station shall pass to the Department of 
Agriculture of the Government of Ecuador at such time as the present Memo- 
randum of Understanding is legally terminated, except that the equipment 
belonging to and provided by the Government of the United States of America 
shall remain the property of that Government to be disposed of according 
to its rules and regulations pertaining thereto. 

9. The Government of Ecuador also agrees to provide (a) agricultural 
publications necessary to the proper functioning of the Station, including ref- 
erence books, and journals and bulletins published outside the United States, 
as well as the binding of journals, et cetera, (b) necessary launches and 
vehicles for water and land transportation, (c) all equipment and machin- 
ery and repair parts, except those to be furnished by the United States of 



-EAS 284, ante, p. 381. 



438 ECUADOR 

America in accordance with the provisions of paragraph 1 1 , and ( d ) the 
purchase of seed and planting stock for experimental and commercial use. 

10. The Government of the United States of America and the Govern- 
ment of Ecuador mutually agree that all nonexpendable property purchased 
for the use of the Station shall be received and receipted for by (a) the United 
States Director of the Station or a United States technician designated by 
him, for purchases made with funds of the Government of the United States 
of America, and (b) the ranking Ecuadoran employee of the Station for 
purchases made with funds of the Government of Ecuador. 

1 1 . The Government of the United States of America, through the 
United States Department of Agriculture, and subject to the availability of 
funds for the purpose, agrees to provide (a) the services of scientists to per- 
form the functions of direction of the Station and agronomic investigation, 
(b) current scientific journals on plant and animal science published in the 
United States of America, (c) scientific equipment not produced or manu- 
factured in Ecuador for use by the agronomic laboratories, and (d) assistance 
in designing all buildings, including residences for the United States and 
Ecuadoran members of the staff. 

12. The Government of the United States of America and the Govern- 
ment of Ecuador mutually agree: 

(a) In order to provide joint supervision over the cooperative aspects of 
the project and in order to furnish a ready means for consultation between the 
two Governments in regard thereto, there shall be established an Agricultural 
Station Commission of two members, consisting of one representative of the 
United States Department of Agriculture and the Director or Acting Director 
of the Department of Agriculture of Ecuador; that the Commission, subject 
to the approval of the Government of Ecuador, shall have authority to estab- 
lish the qualifications and propose candidates for positions at the Station; 
that the Commission may delegate to the Director of the Station such of its 
functions as it may deem fit. 

(b) The Government of the United States of America shall furnish 
transportation to and from Ecuador for the United States scientists and their 
families and for their household equipment, and shall furnish them certain 
living allowances, and certain laboratory equipment and periodicals pub- 
lished in the United States of America. Exclusive of the salaries of the scientists 
made available to the Station by the United States Department of Agricul- 
ture, the expenses listed above shall not exceed $25,000 in any one fiscal 
year after the date of entry into force of this Memorandum of Understanding. 

(c) The obligation of the Government of the United States of America 
to furnish the supplies listed under (b) and (c) of paragraph 11 shall be 
contingent upon the availability of such supplies in the United States of 
America. 



AGRICULTURAL STATION— JAN. 26 AND APR. 16, 1948 439 

(d) In conformity with paragraphs 4 and 9 the Government of 
Ecuador, through the Department of Agriculture, Ministry of Economy, 
shall make available to the Station annually the necessary funds for the opera- 
tion of all its services, including payment of salaries and payment of per diem 
and travel expenses within and outside the country to the technical and 
clerical Ecuadoran members of the staff while traveling on official business 
of the Station, wages to unskilled labor, travel expenses within the country 
to United States members of the staff exclusive of per diem while on official 
business of the Station, purchase in Ecuador or abroad of machinery, vehicles, 
agricultural tools, construction materials, and any other equipment not fur- 
nished by the Government of the United States of America in accordance 
with this Memorandum of Understanding. The amount budgeted for the 
fiscal year 1948 shall be 840,000 sucres (Ecuadoran currency) and the 
amount budgeted shall be no less than this amount for any one fiscal year 
during the time in which this Memorandum of Understanding remains in 
force, plus an annual increase which shall be allocated by the Ministry of 
Economy in accordance with the increase of the Station program, the increase 
of living and material costs, and as recommended by the Station Director and 
agreed upon by the Agricultural Station Commission. This annual budget 
shall include the amount the Government of Ecuador agreed to allocate 
annually for cinchona work and no separate budget shall be provided for the 
said cinchona work. 

(e) The Government of Ecuador shall make available to the Station 
(through the Ministry of Economy) on or before the 15th day of January of 
each year in which this Memorandum of Understanding remains in force 
one-sixth of the amount budgeted annually for the Station, and thereafter on 
the first day of each succeeding month one-twelfth the annual budget shall 
be likewise made available until the total annual budget has been made 
available. 

13. The Station shall present to the Minister of Economy, not later than 
the 15th day of each month, a financial statement of the Station for the pre- 
ceding month. 

14. All financial obligations assumed under this Memorandum of Under- 
standing by the Government of Ecuador are understood and agreed to be 
subject to appropriations of the Ecuadoran Congress. 

15. Likewise, all financial obligations assumed under this Memorandum 
of Understanding by the Government of the United States of America are 
understood and agreed to be subject to appropriations made for this purpose 
by the Congress of the United States of America. 

16. There shall be appointed by the Agricultural Station Commission, 
with the approval of the Minister of Economy of Ecuador, an Ecuadoran 



440 ECUADOR 

to be Assistant Director of the Station, whose duties shall be to assist the 
Director in handling the general administration of the Station, and such other 
functions as may be assigned to him by the Director or by the Agricultural 
Station Commission. 

17. The present Memorandum of Understanding shall supersede the 
Memorandum of Understanding of August 12, 1942, between the Govern- 
ment of the United States of America, the Government of Ecuador, and the 
Ecuadoran Development Corporation. It shall be brought into force by an 
exchange of diplomatic notes and shall enter into force on the day indicated 
in such notes. It shall continue in force for a period of ten years from that 
date. In the event, however, that either Government desires to terminate this 
Memorandum of Understanding prior to the aforesaid expiration date, it 
may do so by giving sixty days' written notice thereof to the other 
Government. 

ESTIMATED BUDGET FOR THE COMPLETION OF THE BUILDING PROGRAM AT 
THE TROPICAL AGRICULTURAL STATION OF ECUADOR 

1. Completion of: 

(a) Hospital building S/140, 000 

(b) Brick house No. 2 25, 000 

(c) Frame houses Nos. 3, 4, 5, and 6 64, 000 

Ea. S/ 16,000 

(d) Cacao House and propagators 10,000 S/239, 000 

2. Construction of five houses for laborers 30, 000 

Ea. S/6,000 

3. Purchase of: 

(a) Electric plant 150, 000 

(b) Water pump 50, 000 

(c) Furnishings 20, 000 220, 000 

Total S/489, 000 

If agreeable to the Government of Ecuador, the Government of the United 
States of America will consider the agreement, in the terms of the above 
memorandum of understanding, to be concluded and in effect on the date 
of a corresponding note from Your Excellency indicating that the Govern- 
ment of Ecuador is prepared to give effect to such agreement in accordance 
with the foregoing terms. 

Accept, Excellency, the assurances of my most distinguished consideration. 



John F. Simmons 
American Ambassador 



His Excellency 

Doctor Antonio Parra Velasco, 
Minister for Foreign Affairs, 
Quito. 



AGRICULTURAL STATION— JAN. 26 AND APR. 16, 1948 44 1 

The Minister of Foreign Affairs to the American Ambassador 

[translation] 

REPUBLIC OF ECUADOR 

MINISTRY OF FOREIGN RELATIONS 

DIPLOMATIC DEPARTMENT 

No. 64-ddp Quito, April 16, 1948 

Mr. Ambassador: 

I have the honor to acknowledge receipt of your courteous note No. 26 of 
January 26, 1948, concerning the establishment and operation of a coopera- 
tive agricultural station in Ecuador and to inform you that the Government 
of Ecuador accepts the agreement thereon in the following terms : 

[For text of memorandum of understanding, see p. 434. The material relating to the 
estimated budget was omitted from quoted portion of this note and enclosed with note of 
May 14, 1948, below.] 

2. The Government of Ecuador agrees that, in conformity with the pro- 
visions of the Memorandum herein inserted, the latter shall become effective 
on the date of the present communication. 

I avail myself of the opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

Jose M. Garcia Moreno 

Minister of Public Education, 
Charged with the Portfolio of 
Minister of Foreign Relations 

His Excellency 

John F. Simmons, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America, 
City. 



The Minister of Foreign Affairs to the American Ambassador 

[translation] 

REPUBLIC OF ECUADOR 

MINISTRY OF FOREIGN RELATIONS 

DIPLOMATIC DEPARTMENT 

No. 79-DDP Quito, May 14, 1948 

Mr. Ambassador: 

I have the honor to address Your Excellency and, with reference to the 
content of my note No. 64-DDP of April 16 last, I take pleasure in trans- 
mitting herewith a proposed budget for the completion of the Building Pro- 
gram at the Tropical Agricultural Station in Ecuador. I shall appreciate it 



442 ECUADOR 

if Your Excellency will be good enough to give due consideration to this 
budget and to have it entered as a part of the "Memorandum of Understand- 
ing between the Government of Ecuador and the Government of the United 
States of America regarding the Establishment and Operation of a Coopera- 
tive Agricultural Station in Ecuador," the text of which is given in the afore- 
said note. 

I avail myself of the opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

For the Minister : 

J. A. Baquero 

Under Secretary 

Enclosure: 3 

His Excellency 

John F. Simmons, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America, 
City. 



8 See estimated budget, ante, p. 440. 



HEALTH AND SANITATION PROGRAM 

Exchange of notes at Quito August 6 and 18, 1948, supplementing and 
extending agreement of February 24, 1942, as supplemented and 
extended 

Entered into force August 20, 1948; % operative from June 30, 1948 

Program expired June 30, 1960 

62 Stat. 3927; Treaties and Other 
International Acts Series 2003 

The American Ambassador to the Minister of Foreign Affairs 

Embassy of the 
United States of America 
no. 227 Quito, August 6, 1948 

Excellency: 

I have the honor to refer to the notes exchanged between His Excellency 
the Minister Counselor of the Ecuadoran Embassy to the United States of 
America and His Excellency the Under Secretary of State of the United 
States of America on February 24, 1942, 2 and the Basic Agreement, as 
amended, between the Republic of Ecuador and The Institute of Inter- 
American Affairs, entered into in January 1943, providing for the initiation 
and execution of the existing cooperative health and sanitation program in 
Ecuador. I also refer to Your Excellency's note no. 123-DDP, of August 5, 
1948, suggesting the consideration by our respective Governments of a 
further extension of that Agreement. 

As Your Excellency knows, the above referred to Basic Agreement pro- 
vides that the cooperative health and sanitation program will terminate on 
June 30, 1948. However, considering the mutual benefits which both govern- 
ments are deriving from the program, my Government agrees with the Re- 
public of Ecuador that an extension of such program would be desirable. I 
have been advised by the Department of State in Washington that arrange- 
ments may now be made for the Institute to continue its participation in the 
cooperative program for a period of one year, from June 30, 1948, through 
June 30, 1949. It would be understood that, during such period of extension, 



1 Date of signature of technical agreement by representative of Institute of Inter- 
American Affairs and Ecuadorcan Minister of Social Welfare and Labor. 
2 EAS379, ante, p. 368. 

443 

259-333—71 30 



444 ECUADOR 

the Institute would make a contribution of $100,000.00 U.S. cy. to the 
Servicio Cooperativo Interamericano de Salud Publica for use in carrying 
out project activities of the program on condition that your Government 
would contribute to the Servicio for the same purpose the sum of 
4,020,000.00 sucres. The Institute would also be willing during the same 
extension period to make available funds to be retained by the Institute, 
and not deposited to the account of the Servicio, for payment of salaries and 
other expenses of the members of the Institute Health and Sanitation Division 
Field Staff, who are maintained by the Institute in Ecuador. The amounts 
referred to would be in addition to the sums already required under the 
present Basic Agreement to be contributed and made available by the parties 
in furtherance of the program. 

If Your Excellency agrees that the proposed extension on the above basis 
is acceptable to your Government, I would appreciate receiving an expression 
of Your Excellency's opinion and agreement thereto as soon as may be 
possible in order that the technical details of the extension may be worked 
out by officials of the Ministry of Social Welfare and Labor and The Institute 
of Inter-American Affairs. 

The Government of the United States of America will consider the present 
note and your reply note concurring therein as constituting an agreement 
between our two governments, which shall come into force on the date of 
signature of an agreement by the Minister of Social Welfare and Labor of 
Ecuador and by a representative of the Institute of Inter-American Affairs 
embodying the above mentioned technical details. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 



John F. Simmons 



His Excellency 

Doctor Antonio Parra Velasco, 
Minister for Foreign Affairs, 
Quito. 



The Minister of Foreign Affairs to the American Ambassador 

[translation] 

REPUBLIC OF ECUADOR 

MINISTRY OP FOREIGN RELATIONS 

DIPLOMATIC DEPARTMENT 

No. 133-ddp Quito, August 18, 1948 

Mr. Ambassador: 

I have the honor to inform Your Excellency that the Minister of Social Wel- 
fare, in note number 182-AJ., of August 17, 1948, informs me that he is 
prepared to sign, jointly with the Institute of Inter-American Affairs, the 



HEALTH AND SANITATION— AUGUST 6 AND 18, 1948 445 

Agreement the text of which is transmitted herewith, 3 to the end that the 
Cooperative Public Health and Sanitation Services which the aforesaid Insti- 
tute is carrying out in Ecuador may be continued. 

I avail myself of the opportunity to renew to Your Excellency the assurances 
of my highest and most distinguished consideration. 

A. P. Velasco 
Minister of Foreign Relations 

His Excellency John F. Simmons, 

Ambassador Extraordinary and Plenipotentiary 
of the United States of America, 
City. 



1 Not printed. 



COOPERATIVE EDUCATION PROGRAM 

Exchange of notes at Quito August 16 and 21, 1948, extending agree- 
ment of October 2 and November 14, 1947 
Entered into force August 25, 1948; operative from June 30, 1948 
Program expired June 30, 1960 

[For text, see 2 UST 629; TIAS 2215.] 



446 



MILITARY MISSION 

Exchange of notes at Washington July 8 and 12, August 23, and Sep- 
tember 21, 1948, amending and extending agreement of June 29, 
1944 

Entered into force September 21, 1948 

62 Stat. 3018; Treaties and Other 
International Acts Series 1843 

The Ecuadorean Ambassador to the Secretary of State 

[translation] 

embassy of ecuador 

washington 
no. 175 July 8, 1948 

Excellency: 

I have the honor to inform Your Excellency that the Chancellery of Ecua- 
dor has notified me that it has sent note No. 107-DDP, dated June 29 last, to 
the Embassy of the United States at Quito, requesting it to take the necessary 
steps for the extension of the Agreement on the Establishment of a United 
States Military Mission to Ecuador, which Agreement was signed at Wash- 
ington on June 29, 1944 x by the authorized representatives of the Govern- 
ments of Ecuador and of this country. 

The Ecuadorean Chancellery adds that the American diplomatic represent- 
ative has informed him, in reply to the note in reference, that your Depart- 
ment would prefer to carry on in this city the negotiations concerning the 
extension and amendment of the aforesaid Agreement. 

In the event that such is still the desire of the Department of State, I beg 
Your Excellency to be good enough to let me know your decision with 
regard to such extension, with the following changes proposed by my 
Government : 

1 . That the following clause be added to Article 4 : 

"(c) Upon the request of the Government of Ecuador for the withdrawal 
of all the personnel of the Mission in the public interest of Ecuador, without 
its being necessary to comply with clause ( a) of this Article." 

2. That Article 7 read: 

"Article 7. The personnel of the Mission shall perform all such tasks of 
professional collaboration as may be set by the Ministry of National Defense, 
in consultation with the Chief of Staff of the Armed Forces." 



'EAS 408, ante, p. 391. 

447 



448 ECUADOR 

3. That Article 9 shall read: 

"Article 9. Each member of the Mission shall serve with the Mission with 
the rank that he holds in the United States Army and shall wear the uniform 
of his rank in the United States Army." 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

A. Dillon 

Ambassador of Ecuador 
His Excellency 

George C. Marshall 
Secretary of State 

Washington, D.C. 



The Ecuador ean Ambassador to the Secretary of State 

[translation] 

EMBASSY OF ECUADOR 
WASHINGTON 

No. 177 

The Ambassador of Ecuador presents his compliments to His Excellency 
the Secretary of State and has the honor to refer to his note No. 175 of the 
8th instant to inform him that the Government of Ecuador, at the request of 
the Minister of Defense, correcting the tenor of the fifth paragraph of the 
aforesaid note, would like to have Article 7 of the Agreement of June 29, 
1944 on the Establishment of a United States Military Mission in Ecuador 
amended as follows for the purposes of the extension of the Agreement in 
question : 

"Article 7. The personnel of the Mission shall perform all such tasks 
of professional collaboration as may be set by the Ministry of National 
Defense." 

Washington, D.C. 
July 12, 1948. 



The Secretary of State to the Ecuadorean Ambassador 

Department of State 

Washington 

Aug 23 1948 
Excellency: 

I have the honor to acknowledge the receipt of your notes Nos. 1 75 and 
177, of July 8 and July 12, 1948, respectively, requesting on behalf of your 
Government the renewal, with modification, for a period of four years, of 
the agreement entered into on June 29, 1944, between the Government of 






MILITARY MISSION— JULY 8-SEPTEMBER 21, 1948 449 

the United States of America and the Republic of Ecuador, providing for 
the assignment of a United States Military Mission to Ecuador. 

I am pleased to inform you that the proposed changes are acceptable to 
this Government with the exception of the proposed change in Title III, 
Article 7. The Department of the Army is of the opinion that the deletion of 
reference to the Chief of the Mission in the determination of mission duties 
is not in the best interests of the Mission. 

In the event that the above proposal is acceptable to your Government, 
I shall consider this note and your respoase to that effect as completing the 
agreement between the two governments for the renewal of the agreement 
of June 29, 1944. 

Accept, Excellency, the renewed assurances of my highest consideration. 

For the Secretary of State : 

Charles E. Bohlen 
His Excellency 

Senor Don Augusto Dillon, 

Ambassador of Ecuador. 



The Ecuadorean Ambassador to the Secretary of State 

[translation] 

EMBASSY OP ECUADOR 
WASHINGTON 

No. 237 September 21, 1948 

Excellency: 

I have the honor to refer to Your Excellency's courteous note of August 
23rd last, in regard to the extension of the Agreement of June 29, 1944 
between the Government of Ecuador and that of this country, to inform you 
that my country accepts the proposal contained in the said note, it being 
understood that, in accordance with the suggestion contained therein, this 
acceptance formally extends the said Agreement for a period of four years, 
with the modifications set forth in the official communications of July 8 and 
1 2 addressed by this Embassy to your Department, with the exception of the 
modification relative to Article 7 of Title III, the text of which shall be the 
same as that of the original Agreement. 

I avail myself of this opportunity to renew to Your Excellency the 
assurances of my highest and most distinguished consideration. 

A. Dillon 

Ambassador of Ecuador 
His Excellency 

George Marshall 
Secretary of State 

Washington, D.C. 



NAVAL MISSION 

Exchange of notes at Washington January 27 and February 4, 1949, 
amending and extending agreement of December 12, 1940, as 
amended and extended 
Entered into force February 4, 1949; operative from December 12, 
1948 

63 Stat. 2547; Treaties and Other 
International Acts Series 1944 

The Secretary of State to the Ecuadorean Ambassador 

Department of State 

Washington 

Jan 27 1949 
Excellency: 

I have the honor to acknowledge the receipt of your note No. 284 of 
November 29, 1948 requesting the renewal of the Agreement entered into 
on December 12, 1940, 1 modified by an additional article on April 30, 
1941 2 to run concurrently with the Agreement and renewed on two occa- 
sions for a period of two years each by an exchange of notes dated July 27 
and August 22, 1944 3 and June 17 and December 11, 1946, 3 respectively, 
between the Governments of the United States of America and the Republic 
of Ecuador providing for a United States Naval Mission to Ecuador. 

In your note of November 29 it was indicated that the Government of 
Ecuador desires to renew this agreement for a period of two years, the 
renewal to commence on the termination of the present agreement on 
December 12, 1948. It was also proposed that Article 4 contain the following 
subparagraph : 

"(a) Upon request by the Government of Ecuador for the withdrawal 
of all personnel of the Mission, in the public interest of Ecuador, without 
the necessity of complying with subparagraph (a) of this Article." 



*EAS 188, ante, p. 349. 

2 EAS 206, ante, p. 359. 

3 Not printed. 

450 



NAVAL MISSION— JANUARY 27 AND FEBRUARY 4, 1949 451 

and that Article 9 be amended to read as follows : 

"Article 9. Each member of the Mission shall discharge his duties in the 
Mission with the rank which he holds in the United States Navy, and shall 
wear the uniform of his rank in the United States Navy." 

The above-mentioned proposals were transmitted to the Department of 
the Navy and a reply has been received indicating that while that Depart- 
ment would be glad to extend the Naval Mission Agreement for the sug- 
gested period of two years, it would not be possible to include the above- 
quoted amendments. On the other hand, the Department of the Navy has 
requested that the additional Article signed on April 30, 1941 to the basic 
agreement of December 12, 1940 for the assignment of a United States 
Naval Mission to Ecuador be amended to read as follows: 

"Each member of the Mission and his family shall be furnished by the 
Government of the Republic of Ecuador with first-class accommodations 
for travel, via the shortest usually traveled route, required and performed 
under this Agreement, between the port of embarkation in the United 
States of America and his official residence in Ecuador, both for the out- 
ward and for the return voyage. The Government of the Republic of Ecua- 
dor shall also pay all expenses of shipment of household effects, baggage and 
automobile of each member of the Mission between the port of embarkation 
in the United States of America and his official residence in Ecuador, as 
well as all expenses incidental to the transportation of such household 
effects, baggage and automobile from Ecuador to the port of entry in the 
United States of America. Transportation of such household effects, baggage 
and automobile shall be effected in one shipment, and all subsequent ship- 
ments shall be at the expense of the respective members of the Mission 
except as otherwise provided in this Agreement, or when such shipments 
are necessitated by circumstances beyond their control. Payment of expenses 
for the transportation of families, household effects and automobiles, in 
the case of personnel who may join the Mission for temporary duty at the 
request of the Ministry of Defense of the Republic of Ecuador, shall not 
be required under this Agreement, but shall be determined by negotiations 
between the Department of the Navy of the United States of America and 
the authorized representative of the Ministry of Defense of the Republic 
of Ecuador in Washington at such time as the detail of personnel for such 
temporary duty may be agreed upon." 4 

In the event that the above proposal is acceptable to your Government, 
I shall consider this note and your response to that effect as completing the 



4 For an amendment in the payment and benefit procedures under the additional 
article, as amended, see agreement of Feb. 25 and May 22, 1959 (10 UST 1095- TIAS 
4249). 



452 ECUADOR 

Agreement between the two Governments for the renewal of the Agreement 
of 1940 in accordance with Title I, Article 3. 

Accept, Excellency, the renewed assurances of my highest consideration. 

For the Secretary of State : 

John E. Peurifoy 

His Excellency 

Senor Don Augusto Dillon, 
Ambassador of Ecuador. 



The Ecuadorean Ambassador to the Secretary of State 

[translation] 

EMBASSY OF ECUADOR 
WASHINGTON 

No. 34 February 4, 1949 

Excellency: 

With reference to the courteous note of the Department of State dated 
January 27 last, and to my note in reply thereto dated February 3, 1949, 
I have the honor to inform Your Excellency that in a cabled communica- 
tion my Government instructs me to inform the United States Government 
that it accepts the extension of the contract which it has with the United 
States Naval Mission, incorporating in the said contract the additional 
clause proposed by the Navy Department. 

I avail myself of the opportunity to renew to Your Excellency the expres- 
sion of my highest and most distinguished consideration. 

A. Dillon 

Ambassador of Ecuador 

His Excellency 

Dean Acheson 

Secretary of State 

Washington, D.C. 



MILITARY AVIATION MISSION 

Exchange of notes at Washington March 23 and May 17, 1949, amend- 
ing and extending agreement of December 12, 1940, as amended 
and extended 

Entered into force May 17, 1949; operative from December 12, 1948 

63 Stat. 2543; Treaties and Other 
International Acts Series 1942 

The Secretary of State to the Ecuadorean Ambassador 

Department of State 

Washington 

822.20 Missions/1-1849 Mar 23 1949 

Excellency: 

I have the honor to acknowledge the receipt of your note No. 13 of 
January 18, 1949 requesting the renewal of the Agreement entered into on 
December 12, 1940, 1 modified by an additional article on April 30, 1941 2 
to run concurrently with the Agreement, and renewed for a period of 
four years by an exchange of notes dated June 13 and July 13, 1944 3 be- 
tween the Governments of the United States of America and the Republic 
of Ecuador, providing for a United States Military Aviation Mission to 
Ecuador. 

In your note of January 18, 1949 it was indicated that the Government of 
Ecuador desires to renew this Agreement for a period of two years, the re- 
newal to commence on the termination of the present Agreement on Decem- 
ber 12, 1948. It was also proposed that Article 4 contain the following 
subparagraph : 

"(c) Upon request by the Government of Ecuador that the entire per- 
sonnel of the Mission be withdrawn, in the public interest of Ecuador with- 
out the necessity of compliance with Clause (a) of this Article." 

and that Article 9 be amended to read as follows: 



*EAS 189, ante, p. 354. 
-EAS 207, ante, p. 361. 
3 Not printed. 

453 



454 ECUADOR 

"Each member of the Mission shall serve on the Mission with the rank 
he holds in the United States Air Force and shall wear the uniform of his 
rank in the United States Air Force." 

The above-mentioned proposals were transmitted to the Department 
of the Air Force and a reply has now been received indicating that, while 
that Department would be glad to extend the Air Mission Agreement for 
the suggested period of two years, it would not be possible to include the 
above-quoted amendments. On the other hand the Department of the Air 
Force has requested that the additional article signed on April 30, 1941 to 
the basic Agreement of December 12, 1940 for the assignment of a United 
States Military Aviation Mission to Ecuador be amended to read as follows : 

"Each member of the Mission and his family shall be furnished by the 
Government of the Republic of Ecuador with first-class accommodations for 
travel, via the shortest usually traveled route, required and performed under 
this Agreement, between the port of embarkation in the United States of 
America and his official residence in Ecuador, both for the outward and for 
the return voyage. The Government of the Republic of Ecuador shall also 
pay all expenses of shipment of household effects, baggage and automobile 
of each member of the Mission between the port of embarkation in the 
United States of America and his official residence in Ecuador, as well as 
all expenses incidental to the transportation of such household effects, bag- 
gage and automobile from Ecuador to the port of entry in the United States 
of America. Transportation of such household effects, baggage and auto- 
mobile shall be effected in one shipment, and all subsequent shipments shall 
be at the expense of the respective members of the Mission except as other- 
wise provided in this Agreement, or when such shipments are necessitated 
by circumstances beyond their control. Payment of expenses for the trans- 
portation of families, household effects and automobiles, in the case of 
personnel who may join the Mission for temporary duty at the request of 
the Ministry of Defense of the Republic of Ecuador, shall not be required 
under this Agreement, but shall be determined by negotiations between the 
Department of the Air Force of the United States of America and the au- 
thorized representative of the Ministry of Defense of the Republic of Ecuador 
in Washington at such time as the detail of personnel for such temporary 
duty may be agreed upon." 4 

The Department of the Air Force desires the following substitutions in 
the wording of the basic Agreement in order that the current organization 
of the United States Air Force may be properly reflected : 

a. Preamble: Substitute "United States Air Force Mission" in lieu of 
"Military Aviation Mission." 

4 For an amendment in the payment and benefit procedures under the additional article, 
as amended, see agreement of Feb. 25 and May 22, 1959 (10 UST 1095; TIAS 4249). 



MILITARY AVIATION— MARCH 23 AND MAY 17, 1949 455 

b. Article 6 : Delete "Lieutenant Colonel or Major." Substitute "Depart- 
ment of the Air Force" in lieu of "War Department" and "United States 
Air Force" in lieu of "United States Army Air Corps" wherever it appears 
in this Article. 

c. Article 9: Substitute "United States Air Force" in lieu of "United 
States Army Air Corps" wherever it appears in this Article. 

d. Article 1 1 : Substitute "United States Air Force" in lieu of "United 
States Army Air Corps." 

In the event that the above proposals are acceptable to your Government, 
I shall consider this note and your response to that effect as completing the 
Agreement between the two Governments for the renewal of the Agreement 
of 1940, notwithstanding the provision of Title I, Article 3. 

Accept, Excellency, the renewed assurances of my highest consideration. 

For the Secretary of State : 

Dean Rusk 
His Excellency 

Senor Don Augusto Dillon, 
Ambassador of Ecuador. 



The Ecuadorean Ambassador to the Secretary of State 

[translation] 

EMBASSY OF ECUADOR 
WASHINGTON 

No. 149 May 17, 1949 

Excellency: 

I have the honor to inform Your Excellency that my Government has given 
due consideration to your courteous note No. 822.20 of March 23, 1949, 
relative to the extension of the agreement between our two Governments on 
the United States Military Air Mission in Ecuador. 

In this connection, I have just received instructions to inform Your Excel- 
lency that the Ministry of National Defense of Ecuador accepts the amend- 
ments proposed by the Department of State in the agreement that establishes 
the aforementioned Mission. 

I avail myself of this opportunity to renew to Your Excellency the 
assurances of my highest and most distinguished consideration. 

A. Dillon 
Ambassador of Ecuador 
His Excellency 

Dean Ache son 

Secretary of State 

Washington, D.C. 



HEALTH AND SANITATION PROGRAM 

Exchange of notes at Quito July 26 and August 22, 1949, supplementing 
and extending agreement of February 24, 1942, 1 as supplemented 
and extended 

Entered into force August 26, 1949; 2 operative from June 30, 1949 

Program expired June 30, 1960 

63 Stat. 2790; Treaties and Other 
International Acts Series 2018 

The American Charge d' Affaires ad interim to the Minister of Foreign Affairs 

no. 289 Quito, July 26, 1949 

Excellency: 

I have the honor to refer to the Basic Agreement, as amended, entered into 
in January 1943, on behalf of the Republic of Ecuador and The Institute of 
Inter-American Affairs, providing for the existing cooperative health and sani- 
tation program in Ecuador. I also refer to Your Excellency's note no. 1 20 of 
July 14, 1949, suggesting the consideration by our respective governments of 
a further extension of that Agreement. 

Considering the mutual benefits which both Governments are deriving 
from the program, my Government agrees with the Government of Ecuador 
that an extension of the program beyond its present termination date of 
June 30, 1949, would be desirable. Accordingly, I have been advised by the 
Department of State in Washington that arrangements may now be made for 
the Institute to continue its participation in the program for a period of one 
year, from June 30, 1949, through June 30, 1950. It would be understood 
that, during this period of extension, the Institute would make a contribut- 
tion of $150,000 in the currency of the United States, to the Servicio Coopera- 
tive Interamericano de Salud Publica, for use in carrying out project activities 
of the program, on condition that your Government would contribute to the 
Servicio for the same purpose the sum of 6,030,000 sucres (the equivalent of 
U.S. $450,000 at the rate of 13.4 sucres to the dollar). The Institute would 
also be willing, during the same extension period, to make available funds to 



1 EAS 379, ante, p. 368. 

2 Date of signature of technical agreement by representative of Institute of Inter-Ameri- 
can Affairs and Ecuadorean Minister of Social Welfare and Labor. 

456 



HEALTH AND SANITATION— JULY 26 AND AUGUST 22, 1949 457 

be administered by the Institute, and not deposited to the account of the Servi- 
cio, for payment of salaries and other expenses of the members of the Health 
and Sanitation Division field staff who are maintained by the Institute in 
Ecuador. The amounts referred to would be in addition to the sums already 
required under the present Basic Agreement, as amended, to be contributed 
and made available by the parties in furtherance of the program. 

The Government of the United States of America will consider the present 
note and your reply note concurring therein as constituting an agreement be- 
tween our two Governments, which will come into force on the date of 
signature of an agreement by the Minister of Social Welfare and Labor 
and a representative of The Institute of Inter-American Affairs embodying 
the above-mentioned technical details. 

If the proposed extension on the above basis is acceptable to your Govern- 
ment, I would appreciate receiving an expression of Your Excellency's 
assurance to that effect as soon as may be possible, in order that the technical 
details of the extension may be worked out by the officials of the Ministry of 
Social Welfare and Labor and The Institute of Inter-American Affairs. 

I avail myself of this opportunity to renew to Your Excellency the assur- 
ances of my highest and most distinguished consideration. 

Maurice M. Bernbaum 

Charge a" Affaires ad interim. 

His Excellency 

Dr. L. Neftau Ponce, 

Minister for Foreign Affairs, 
Quito. 



The Minister of Foreign Affairs to the American Charge a" Affaires ad interim 

[translation] 

REPUBLIC OF ECUADOR 
MINISTRY OF FOREIGN RELATIONS 

No. 151-ddp Quito, August 22, 1949 

Mr. Charge d'affaires : 

I have the honor to reply to your courteous note number 289, of July 26 
last, in which, with reference to the instruments that regulate the cooperative 
public health program in Ecuador, and considering the mutual benefits 
which the Governments of our two countries are deriving from the said pro- 
gram, you are good enough to inform me that the Government of the United 
States of America agrees with the Government of Ecuador that an extension 
of the program beyond June 30, 1949, would be desirable, and that ac- 
cordingly you have been advised by the Department of State that the neces- 
sary arrangements may now be made for the Institute of Inter-American 



458 ECUADOR 

Affairs to continue its participation in the program for a period of one year, 
from June 30, 1949 through June 30, 1950, with the understanding that, 
during this period of extension, the Institute would make a contribution of 
one hundred and fifty thousand dollars ($150,000) to the Servicio Coopera- 
tive Interamericano de Salud Publica, for use in carrying out project activities 
of the program, on condition that the Government of Ecuador would con- 
tribute to the Servicio Cooperativo for the same purpose the sum of six 
million thirty thousand sucres (S/. 6,030,000) equivalent to four hundred 
and fifty thousand dollars ($450,000) at the rate of 13.4 sucres to the dollar. 
You are good enough to inform me, further, that the Institute would be 
willing, during the same extension period, to make available funds to be 
administered by the Institute, and not deposited to the account of the Servicio 
Cooperativo, for payment of salaries and other expenses of the members of 
the Health and Sanitation Division field staff who are maintained by the 
Institute in Ecuador; and that the amounts referred to — in addition to the 
sums already required under the present Basic Agreement, as amended — ■ 
should be contributed and made available by the parties in furtherance of 
the program. 

2. In reply, and after the appropriate consultations with the respective 
government agency, I have the honor to inform you that the Government of 
Ecuador agrees with the appraisals and purposes set forth in the communica- 
tion, to which I am pleased to answer, and concurs in the proposals contained 
therein for the extension of the cooperative public health program in Ecuador 
through June 30, 1950. To this end, the Ecuadoran Government is taking 
the necessary steps to assure the contribution of six million thirty thousand 
sucres (S/. 6,030,000) which it has to make, for its share, to the continuation 
of the said Program. 

3. It is a pleasure to inform you, further, that my Government also agrees 
to consider the note to which I am replying and the present note as con- 
stituting an agreement between our two Governments, which will come into 
force on the date of signature of an agreement between the Minister of Social 
Welfare and a representative of The Institute of Inter-American Affairs 
embodying the above-mentioned technical details. 

I avail myself of the opportunity to renew to Your Excellency the assurances 
of my distinguished consideration. 

L. N. Ponce 

The Honorable Maurice M. Bernbaum, 
Charge d' Affaires ad interim 

of the United States of America. 



COOPERATIVE EDUCATION PROGRAM 

Exchange of notes at Quito August 15 and 24, 1949, with extension 
agreement signed August 25, 1949, extending agreement of Octo- 
ber 2 and November 14, 1947 

Entered into force August 25, 1949; operative from June 30, 1949 

Program expired June 30, 1960 

[For text, see 2 UST629; TIAS 2215.] 



459 



CIVIL AVIATION MISSION 

Exchange of notes at Quito June 30 and October 13, 1949, amending 

agreement of October 24 and 27, 1947 
Entered into force October 13, 1949 

Department of State files 

The Minister of Foreign Affairs to the American Charge d' Affaires ad interim 

[translation] 

REPUBLIC OP ECUADOR 
MINISTRY OF FOREIGN AFFAIRS 

No. m-DDP Quito, June 30, 1949 

Dear Sir: 

I have the honor to refer to your Embassy's notes Nos. 372 and 373 of 
October 24 a and 28, 1947, and this Ministry's notes in reply Nos. 241-DDP 
and 256-DDP of October 27 2 and November 7, 1947, regarding United 
States technical assistance to Ecuador in the field of civil aviation ; as well as 
your Embassy's note No. 161 of May 9, 1949 concerning the visit to this 
country of Mr. David Thomas, Acting Chief of the International Services 
Division of the Civil Aeronautics Administration, United States Department 
of Commerce. 

2. In accordance with the conversations held in this capital between 
Mr. David Thomas and the Director of Civil Aviation of Ecuador, I have 
the honor to propose, in behalf of my Government, that paragraphs six and 
seven of the Statement of Conditions for United States technical assistance 
to Ecuador in the field of Civil Aviation be changed to read as follows: 

"6. The Government of the United States of America shall pay the 
salary, allowances, travel expenses to and from Ecuador, and any additional 
compensation of the technicians. 

"7. The Government of Ecuador shall reimburse the United States in 
the amount of 500 sucres per month for expenses incurred in connection with 
the assignment of each technician at the completion of each six-month period 
of each assignment." 



l TIAS 1774, ante, p. 422. 
2 Ibid, ante, p. 425. 



460 



CIVIL AVIATION— JUNE 30 AND OCTOBER 13, 1949 461 

3. I should be grateful if you would confirm the acceptance by the United 
States Government of these proposed changes. 

4. With reference to the same subject, I take pleasure in informing you 
that my Government would be pleased if Mr. Ernest H. Werner, official of the 
Civil Aviation Administration, Department of Commerce, were to be ap- 
pointed Chief of the aforesaid mission in Ecuador. You may recall that, in 
accordance with the proposals contained in your Embassy notes Nos. 69 and 
149 of March 4 and 14, 1948, and the acceptance of those proposals by this 
Ministry, Mr. Werner served in Ecuador during the first months of last year, 
performing duties related to technical assistance to Ecuador in the field of 
civil aviation, and his performance at that time was highly praised by the 
[Ecuadorean] National Civil Aviation Administration. 

I also request that you be good enough to inform me, in due course, how 
the United States Government receives this suggestion. 

I avail myself of the opportunity to renew to Your Excellency the as- 
surances of my distinguished consideration. 



A. E. Ponce 



Mr. Maurice Bernbaum, 

Charge a" Affaires ad interim 

of the United States of America. 



The American Charge d' Affaires ad interim to the Minister of Foreign Affairs 

No. .'{90 

The Charge d'Affaires ad interim of the United States of America presents 
his compliments to the Minister of Foreign Affairs and acting under instruc- 
tions from his Government has the honor to inform His Excellency that modi- 
fications to the Technical Assistance Agreement, as suggested in His 
Excellency's note no. 1 1 1 of June 30, 1 949, are acceptable to the United States 
Government. Request for the mission is now being processed and latest indi- 
cations are that Ernest H. Werner, who has been designated Chief of Mission, 
will arrive in Quito about December 1, 1949. 

In conformity with the understanding of the Fourteen Point Agreement 
signed and printed in 1947 and conversations held by Mr. David Thomas, 
Deputy Chief International Services Officer with the Civil Aeronautics Ad- 
ministration, Department of Commerce, with His Excellency's Government, 
it is respectfully requested that duty-free entry for Mr. Werner be authorized 
and that the enabling decree be published in the Registro Official prior to Mr. 
Werner's arrival in Ecuador. 

Maurice Bernbaum 

Quito, Ecuador 

October 13, 1949 



El Salvador 



AMITY, NAVIGATION, AND COMMERCE 

Treaty signed at Leon, Nicaragua, January 2, 1850 
Senate advice and consent to ratification September 24, 1850 
Senate advice and consent September 27, 1850 to exchange of ratifica- 
tions at any time prior to April 1, 1851 
Ratified by the President of the United States November 14, 1850 
Proclaimed by the President of the United States April 18, 1853 
Ratified by El Salvador May 28, 1852 
Ratifications exchanged at San Salvador June 2, 1852 
Entered into force June 2, 1852 

Senate advice and consent to exchange of ratifications April 4, 1853 
Superseded March 11, 1874, by treaty of December 6, 1870 1 

10 Stat. 891 ; Treaty Series 308 2 

A General Treaty of Amity, Navigation and Commerce between the 
United States of North America and the Republic of San Salvador 

The United States of North America and the Republic of San Salvador, 
desiring to make lasting and firm the friendship and good understanding 
which happily exists between both nations have resolved to fix in a manner 
clear distinct and positive the rules which shall in future be religiously observed 
between each other by means of a treaty or general convention of peace and 
friendship, commerce and navigation. 

For this desirable object the President of the United States of America has 
conferred full powers upon E. G. Squier, a citizen of the said States and their 
Charge d'Affaires to Guatemala, and the President of the Republic of San 
Salvador has conferred similar and equal powers upon Senor Licenciado Don 
Augustin Morales, who after having exchanged their said full powers in due 
form, have agreed to the following articles : 



X TS 310, post, p. 478. 

2 For a detailed study of this treaty, see 5 Miller 629. 

462 



AMITY, NAVIGATION, COMMERCE— JANUARY 2, 1850 463 

Art. I s * 
There shall be a perfect, firm and inviolable peace, and sincere friendship 
between the United States of America and the Republic of San Salvador, in 
all the extent of their possessions and territories, and between their citizens 
respectively without distinction of persons or places. 

Art. 2^ 

The United States of America and the Republic of San Salvador desiring 
to live in peace, and harmony with all the nations of the earth, by means of a 
policy frank and equally friendly with all engage mutually not to grant any 
particular favor to other nations in respect of commerce and navigation, 
which shall not immediately become common to the other party who shall 
enjoy the same freely if the concession was freely made, or on allowing the 
same compensation if the concession was conditional. 

Art. 3' 1 
The two high contracting parties being likewise desirous of placing the 
commerce and navigation of their respective countries on the liberal basis 
of perfect equality and reciprocity, mutually agree that the citizens of each 
may frequent all the coasts and countries of the other, and reside therein 
and shall have the power to purchase and hold lands, and all kinds of real 
estate, and to engage in all kinds of trade, manufactures and mining upon 
the same terms with the native citizen, and shall enjoy all the privileges 
and concessions, in these matters which are or may be made to the citizens 
of any country, and shall enjoy all the rights, privileges and exemptions, 
in navigation commerce and manufactures which native citizens do or shall 
enjoy, submitting themselves to the laws, decrees, or usages there established 
to which native citizens are subjected. But it is understood that this article 
does not include the coasting trade of either country, the regulation of which 
is reserved by the parties respectively according to their own separate laws. 

Art. 4** 
They likewise agree that whatever kind of produce, manufacture, or 
merchandise, of any foreign country can be from time to time, lawfully 
imported into the United States in their own vessels, may be also imported in 
vessels of the Republic of San Salvador, and that no higher or other duties 
upon the tonnage of the vessel and her cargo shall be levied and collected, 
whether the importation be made in vessels of the one country or of the 
other; And, in like manner, that whatever kind of produce, manufactures, 
or merchandise of any foreign country, can be, from time to time, lawfully 
imported into the Republic of San Salvador in its own vessels, may be also 
imported in vessels of the United States: and that no higher or other duties 
upon the tonnage of the vessel and her cargo shall be levied or collected 
whether the importation be made in vessels of the one country or the other. 



464 EL SALVADOR 

And they further agree that whatever may be lawfully exported or re- 
exported from one country in its own vessels to any foreign country may in 
like manner be exported or reexported in the vessels of the other country: 
and the same bounties, duties and drawbacks shall be allowed and collected 
whether such exportation or reexportation be made in vessels of the United 
States or of the Republic of San Salvador. 

Art. 5 tl1 

No higher or other duties shall be imposed on the importation into the 
United States of any articles the produce or manufactures of the Republic 
of San Salvador, and no higher or other duties shall be imposed on the 
importation into the Republic of San Salvador of any articles the produce 
or manufactures of the United States, than are or shall be payable on the 
like articles, being the produce or manufactures of any foreign country; nor 
shall any higher or other duties or charges be imposed in either of the two 
countries on the exportation of any articles to the United States or to the 
Republic of San Salvador, respectively than such as are payable on the 
exportation of the like articles to any other foreign country: nor shall any 
prohibition be imposed on the exportation or importation of any articles 
the produce or manufactures of the United States or of the Republic of 
San Salvador, to or from the territories of the United States, or to or from 
the territories of the Republic of San Salvador which shall not equally ex- 
tend to all other nations. 

Art. 6 tl? 

In order to prevent the possibility of any misunderstanding, it is hereby 
declared that the stipulations contained in the three preceding articles are to 
their full extent applicable to the vessels of the United States and their cargoes 
arriving in the ports of San Salvador and reciprocally to the vessels of the 
said Republic of San Salvador and their cargoes arriving in the ports of 
the United States, whether they proceed from the ports of the country to 
which they respectively belong or from the ports of any other foreign country ; 
and in either case no discriminating duty shall be imposed or collected in 
the ports of either country on said vessels or their cargoes whether the same 
shall be of native or foreign produce or manufacture. 



Art. 7 



th 



It is likewise agreed that it shall be wholly free for all merchants, com- 
manders of ships and other citizens of both countries, to manage by them- 
selves or agents, their own business in all the ports and places subject to the 
jurisdiction of each other as well with respect to the consignments and sale of 
their goods and merchandise by wholesale or retail as with respect to the 
loading, unloading and sending off their ships : they being in all these cases, 



AMITY, NAVIGATION, COMMERCE— JANUARY 2, 1850 465 

to be treated as citizens of the country in which they reside or at least to be 
placed on an equality with the subjects or citizens of the most favored 
nation. 

Art. 8 Ul 

The citizens of neither of the contracting parties shall be liable to any 
embargo, nor be detained with their vessels, cargoes, merchandise or effects 
for any military expedition, nor for any public or private purpose what- 
ever without allowing to those interested an equitable and sufficient 
indemnification. 

Art. 9** 

Whenever the citizens of either of the contracting parties shall be forced 
to seek refuge or asylum in the rivers, bays, ports or dominions of the other, 
with their vessels whether merchant or war, public or private through stress 
of weather, pursuit of pirates or enemies, or want of provisions or water 
they shall be received and treated with humanity giving to them all favor 
and protection for repairing their ships, procuring provisions and placing 
themselves in a situation to continue their voyage without obstacle or hin- 
drance of any kind. 

Art. 10 tl1 

All the ships, merchandise and effects belonging to the citizens of one of 
the contracting parties, which may be captured by pirates, whether within 
the limits of its jurisdiction or on the high seas, and may be carried or found 
in the rivers, roads, bays, ports or dominions of the other, shall be delivered 
up to the owners they proving in due and proper form their rights before 
the competent tribunals: it being well understood that the claim shall be 
made within the term of one year, by the parties themselves, their attorneys 
or agents of their respective governments. 

Art. ll 11 -' 

When any vessels belonging to the citizens of either of the contracting 
parties shall be wrecked or foundered, or shall suffer any damage on the coasts 
or within the dominions of the other there shall be given to them all assist- 
ance and protection in the same manner which is usual and customary with 
the vessels of the nation where the damage happens: permitting them to 
unload the said vessel, if necessary of its merchandise and effects, without 
exacting for it any duty, impost or contribution whatever unless they may 
be destined for consumption or sale in the country of the port where they 
may have been disembarked. 

Art. 12 u -' 

The citizens of each of the contracting parties shall have power to dispose 
of their personal goods or real estate within the jurisdiction of the other by 



466 EL SALVADOR 

sale, donation, testament, or otherwise; and their representatives being citi- 
zens of the other party, shall succeed to their said personal goods or real 
estate, whether by testament or ab intestato, and they may take possession 
thereof, either by themselves or others acting for them and dispose of the 
same at their will, paying such dues only as the inhabitants of the country 
wherein said goods are shall be subject to pay in like cases. 

Art. 13** 

Both contracting parties promise and engage formally to give their special 
protection to the persons and property of the citizens of each other of all 
occupations who may be in the territories subject to the jurisdiction of one or 
the other transient or dwelling therein, leaving open and free to them the 
tribunals of justice for their judicial recourse on the same terms which are 
usual and customary with the natives or citizens of the country, for which 
purpose they may either appear in proper person, or employ in the prosecu- 
tion or defence of their rights such advocates, solicitors, notaries, agents and 
factors as they may judge proper in all their trials at law, and such citizens 
or agents shall have free opportunity to be present at the decisions or sen- 
tences of the tribunals in all cases which may concern them and shall enjoy 
in such cases all the rights and privileges accorded to the native citizen. 

Art. 14'* 

The citizens of the United States residing in the territories of the Republic 
of San Salvador shall enjoy the most perfect and entire security of conscience 
without being annoyed, prevented or disturbed, on the proper exercise of 
their religion in private houses, or on the chapels or places of